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Full text of "The code of the State of Georgia : adopted August 15, 1910"


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THE UNIVERSITY OF GEORGIA 



LAW LIBRARY 



UNIVERSITY OF GEORGIA LAW LIBRARY 



3 8425 00480 0699 



GEOBCIA 



^- 



Digitized by the Internet Archive 

in 2011 with funding from 

LYRASIS iVIembers' and Sloan Foundation 



http://www.archive.org/details/codeofstateofgeo02prep 



THE CODE 



OF THE 



STATE OF GEORGIA 



ADOPTED AUGUST 15 
1910 



PREPARED BY 

JOHN L. HOPKINS 



VOL. II 



ATLANTA, GEORGIA 
FOOTE & DAVIES COMPANY 
G ' Printers and Binders 
1911 



e.4 



Copyright, 1911, by 
THE STATE OF GEORGIA 



CONTENTS- 



CRIMES AND THEIR PUNISHMENT, 
PUBLIC DEFENSE. 



PRELIMINARY PROVISIONS. 



Habeas corpus not suspended. 

No slavery or involuntary servitude. 

No corruption of blood or forfeiture: 

of estate. 
No benefit of clergy. 
Crimes punished under coexisting 

laws. 
When no conviction for assault or 

attempt. 
Conviction must precede punishment 
-29. Sovereignty, jurisdiction, and 

venue. 
Limitations of prosecutions. 



FIRST DIVISION. 
Definition of a Crime; Persons Capable of Committing; Persons Punishable. 



§1. Construction of statutes. 


§14. 


§2 Meaning of certain words. 


§15. 


§3. Future operation of laws. 


§16. 


§4. Ignorance of law. 




§5. Waiver of law. 


§17. 


§6. Life, liberty, and property. 


§18. 


§7. Right to the courts. 




§8. Benefit of counsel, etc. 


§19. 


§9. Crimination of self. 




§10. Banishment, whipping. 


§20. 


§11. Jeopardy of life, etc. 


§§21 


§12. Excessive bail, fines, etc. 




§13. Costs paid after conviction. 


§30. 



Article 1. Definition, intention, how mani- 
fested. §§31,32. 

Article 2. Infants, lunatics, idiots, and 
persons counseling them. §§33-37. 

Article 3. Married women acting under 
threats. §38. 



Article 4. Voluntary drunkenness no ex- 
cuse. §39. 
Article 5. Misfortune or accident. §40. 
Article 6. Persons acting under fear. §41. 



SECOND DIVISION. 
Principals in First and Second Degree. 
Article 1. Who are principals. §§42,43. I Article 2. Accessories. §§44-49. 



THIRD DIVISION. 
Crimes Against the State and People. 



Article 1. Crimes against the State. §50. 
Article 2. Treason. §§51-54. 



Article 3. Insurrection, and attempt to in- 
cite insurrection. §§55-58. 



IV 



CONTENTS. 



FOURTH DIVISION. 
Crimes Against the Person. 



Article 1. Homicide. §§59-76. 

Article 2. Concealing child's death, advis- 
ing to kill infants, abortion, and foeti- 
cide. §§77-82. 

Articles. Mayhem. §§83-92. 

Article 4. Rape. §§93, 94. 

Article 5. Assaults, and assault and bat- 
tery. §§95-105. 

Article 6. False imprisonment. §§106-108 

Article 7. Kidnapping and Industrial 
Home children. §§109-113. 

Articles. Stabbing. §114. 

Article 9. Shooting at another. §115. 

Article 10. Abandonment of child. §116. 



Article 11., Criminal negligence. §117., 

Article 12. Blackmail, and threatening let- 
ters. §§118, 119. 

Article 13. Conspiracy. §120. 

Article 14. Interfering with apprentices, 
servants, croppers, farm laborers, and 
employees. §§121-125. 

Article 15. Interference with employees, 

\ §§126-129. 

Article 16. Employers must provide seats 
for females. §130. 

Article 17. Transfering claims to defeat 
. exemption. §131. 



FIFTH DIVISION. 
Crimes Against the Habitations of Persons. 
Article 1. Arson. §§132-145. I Article 2. Burglary. §§146, 147. 

SIXTH DIVISION. 
Crimes Relative to Property. 



Article 1. Robbery. §§148-150. 
Article 2. Larceny. §§151-183. 
Article 3. Embezzlement and fraudulent 

conversions. §§184-194. 
Article 4. The State's property or money. 

§§195-201. 
Article 5. Banks and bank oflBcers, §§202- 

211. 
Article 6. Unlawful mining. §§212, 213. 



Article 7. Fraudulent seizures and levies. 
§§214, 215. 

Articles. Trespass. §§216-221. 

Article 9. Using horse and skinning cattle 
without owner's consent. §§222, 223. 

Article 10. Disposing of or purchasing 
drifted timber, cutting timber or tan- 
bark. §§224-226. 

Article 11. Firing the woods. §§227-230. 



SEVENTH DIVISION. 
Forgery, Counterfeiting, and Unlawful Currency. 
Article 1. Forgery, counterfeiting, and unlawful currency. §§231-258. 



EIGHTH DIVISION. • 

Crimes Against the Public Justice and Official Duty. 



Article 1. Perjury, false swearing, and 
subornation of perjury and false 
swearing. §§259-269. 

Article 2. Bribery, influencing governor 
or head of department. §§270-272. 



Article 3. Misconduct of officers and per- 
sons concerned in the administration 
of justice. §§273-309. 

Article 4. Personating in bail. §310. 



CONTENTS. 



EIGHTH jyiYlSlON— continued. 



Article 5. Obstructing legal process and 
sentence. §§311, 312. 

Article 6. Rescue and escapes. §§313-323. 

Article'?. Lobbying. §§324-325. 

Article 8. Receiving, harboring, or con- 
cealing guilty persons, and compound- 
ing crimes. §§326-329. 



Article 9. Barratry and embracery. §§330- 
333. 

Article 10. Mutiny and instigating mu- 
tiny. §§334-336. 

Article 11. Appointment of peace-officers 
and detectives. §§337-339. 



NINTH DIVISION. 
Crimes Against the Public Peace and Tranquility. 



Article 1. Libel, and defamation of virtu- 
ous female. §§340-343. 

Article 2. Forcible entry and forcible de- 
tainer. §§344-346. 

Article 3. Carrying concealed weapons; 
carrying weapons to courts, election 
grounds, etc.; pointing weapons at 
another; and furnishing weapons to 
minors. §§347-350; 



Article 4. Preservation of order at pa- 
rades. §§351-353. 

Article 5. Duelling. §§354-358. 

Article 6. Unlawful assemblies, riots, and 
affrays. §§359-361. 

Article 7. Mob violence. §§362-365. 

Article 8. Other offenses against public 
peace. §366. 



TENTH DIVISION. 

Offenses Against Public Morality and Decency, Public Health, Public Safety and 

Convenience, Public Trade, Public Policy, Suffrage, Public Police. 



Article 1. Bigamy. §§367-370. 

Article 2. Incest. §371. 

Article 3. Adultery and fornication. §372. 

Article 4. Sodomy and bestiality. §§373- 
377. 

Article 5. Seduction. §§378-380. 

Article 6. Keeping open tippling-houses 
on the Sabbath, lewdness, lewd and 
disorderly houses. §§381-384. 

Article 7. Obscene pictures and abusive 
and vulgar language. §§385-388. 

Article 8. Gaming-houses, gaming-tables, 
and gambling. §§389-396. 

Article 9. Lotteries, gift enterprises, and 
dealing in futures or trading-stamps. 
§§397-404. 

Article 10. Cock-fighting. §405. 

Article 11. Minors not to play billiards, 
ten-pins, or pool-tables, without con- 
sent of parents, etc. §406. 

Article 12. Traffic in human bodies, em- 
balming. §§407-411. 

Article 13. Disturbing divine services, or 
societies; violating the Sabbath; in- 
truding on camp-grounds; disturb- 
ing schools; dance-halls. §§412-425. 



Article 14. Manufacture and sale of intox- 
icants, and regulations as to liquors 
and substitutes for intoxicants. 
§§426-448. 

Article 15. Vagrants. §§449-450. 

Article 16. Adulterated or misbranded 
foods, drugs, etc. §§451-453. 

Article 17. Sale of poisons, opium, mor- 
phine; illegal compounding of drugs. 
§§454-461. 

Article 18. Illegal practice of profession, 
carrying on business, medical college 
diplomas. §§462-476. 

Article 19. Importation and purchase of 
second-hand clothing, infected plants, 
Mexican boll-weevil, etc. §§477-483. 

Article 20. Putting carcasses of animals 
in streams, failing to bury dead ani- 
mals, etc. §§484-487. 

Article 21. Cutting turpentine boxes, and 
failure to drain. §§488-490. 

Article 22. Furnishing cigarettes to mi- 
nors. §491. 

Article 23. Contagious diseases and quar- 
antine. §§492-503. 

Article 24. The public safety. §§504-528. 



VI 



CONTENTS. 



TENTH BIYISION— continued. 



Article 25. Public convenience. §§529-548. 

Article 26. Regulations as to farm prod- 
ucts. §§549-558. 

Article 27. Sale and use of oleomargarine. 
§§559-560. 

Article 28. Formulas for composting fer- 
tilizers. §561. 

Article 29. Weights to be stamped on 
sacks of flour and meal, grits and 
cotton-seed hulls. §§562-566. 

Article 30. Turnpikes, bridges, and toll. 
§§567-573. 

Article 31. Private insane asylums, and 
wrongful irQprisonment of sane per- 
sons. §§574-576. 

Article 32. Driving diseased cattle, graz- 
ing stock, diseased stock, quarantine. 
§§577-583. 

Article 33. Impounding animals, breaking 
a pound, estrays. §§584-592. 

Article 34. Game and fire-hunting, and 
birds. §§593, 594. 

Article 35. Terrapins, turtles, fishing, and 
oysters. §§595-621. 

Article 36. Duties of officers of banks and 
other corporations. §§622-623. 

Article 37. Foreign building and loan as- 
sociations and insurance companies, 
etc. §§624-630. 



Article 38. Peddling without a license. 

§631. 
Article 39. Emigrant agents. §632. 
Article 40. Receipts shall be given by 

common carriers and innkeepers. 

§§633-636. 
Article 41. Inspection of oil, and sale of 

illuminating fluids. §§637-642. 
Article 42. Inspection of fertilizers, flour, 

grain, cottonseed-meal, wood, timber, 

and naval stores. §§643-656. 
Article 43. Suffrage. §§657-676. 
Article 44. Marrying, and issuing license 

to marry, illegally. §§677-678. 
Article 45. White and colored convicts 

not to be chained together. §679. 
Article 46. Rogues and vagabonds, and 

nuisances. §§680-681. 
Article 47. Failure to give bastardy bond, 

or to support pauper. §§682-683. 
Article 48. Boats and crews, discharging 

ballast in harbor, pilots and seamen. 

§§684-695. 
Article 49. Text-books in schools. §§696-. 

698. 
Article 50. Native gold. §699. 
Article 51. Illegal interest. §700. 
Article 52. Bonded warehouses. §701. 
Article 53. Certified accountants. §702. 



ELEVENTH DIVISION. 



Cheats and Swindlers. 



Article 1. Deceitful means and artful 
practices. §§703-719. 

Article 2. Wrongful sale of mortgaged 
property. §720. 

Article 3. Sale of property under lien. 
§721. 

Article 4. Selling or encumbering person- 
al property held under conditional 
purchase. §§722-723. 

Article 5. Fraudulent entries and prac- 
tices in speed contests. §§724-726. 

Article 6. Fraud by a limited partner. , 
§727. 



Article 7. Illegally measuring lumber. 

§728. 
Article 8. Landlords and croppers. §729. 

Article 9. Overcharges by railroad offi- 
cials, and false billing, etc., by car- 
riers. §§730-733. 

Article 10. Wrecking a railroad coinpany. 
§§734-739. 

Article 11. Declaring unearned dividends. 
§740. 

Article 12. Competition in procuring pub- 
lic work. §741. 



CONTENTS. 



Vll 



TWELFTH DIVISION. 
Fraudulent or Malicious Mischief. 



Article 1. Destroying books or papers, 

landmarks, and buoys, etc. §§742- 

744. 
Article 2. Burning fences or crops, and 

setting fire to woods. §"§745-749. 
Article 3. Injuries to bridges and dams. 

§§750-751. 
Article 4. Killing or maiming cattle, and 

cruelty to animals. §§752-755. 
Article 5. Putting children to dangerous 

or improper vocations. §§756-759. 



Article 6. Injuring turnpike and naviga- 
tion fixtures, firing or sinking vessels, 
and other acts of malicious mischief. 
§§760-781. 

Article 7. Threatening to burn property 
of another. §782. 

Article 8. Interfering with property of 
electrical companies. §783. 

Article 9. Injuring house with explosives. 
§§784-787. . 



PROCEDURE. 



CRIMINAL COURTS. 



Justices of the Peace. 
Article 1. Their jurisdiction. §§788-790. 

THE SUPERIOR COURT— ITS OFFICERS AND JURIES. 



Article 1. Jurisdiction of the court, and 
authority of the judges. §§791, 792. 

Article 2. Sessions and adjournments. 
§§793-796. 

Articles. The clerks. §797. 

Article 4. Solicitors-general. §§798-807. 

Articles. Special criminal bailiffs. §§808, 
809. 



Article 6. Stenographic reporter. §810. 
Article 7. The grand jury. §§811-851. 
Article 8. Special juries. §§852, 853. 
Article 9. The petit jury. §§854-865. 
Article 10. Special provisions as to the 

juries. §§866-884. 
Article 11. Children's courts. §§885-900. 
Article 12. Attorney-general. §901. 



PROCEEDINGS TO COMMITMENT, INCLUSIVE. 



Article 1. Proceedings prior to arrest. 
§§902-910. 



Article 2. Arrest. §§911-930. 
Article 3. Courts of inquiry. 



i§931-953. 



INDICTMENT AND PRESENTMENT. 



Article 1. Form of indictment. §954. 
Article 2. Two returns "no bill." §955. 



Article 3. Special presentments treated as 
indictments. §956. 



ARREST AND BAIL AFTER INDICTMENT, AND PROCESS AGAINST 

CORPORATIONS. 



Article 1. Bench-warrant. §957. 
Article 2. Bail, surrender of principal, 
and forfeiture of bond. §§958-962. 



Article 3. Process against corporations 
and mode of trial. §963. 




Vlll 



CONTENTS. 



CHANGE OF VENUE. 
Article 1. When and how venue may be changed. §§964-966, 

CALL OP THE DOCKET TO SENTENCE. 



Article 1. Call of the docket. §967. 

Article 2. Arraignment. §§968-974. 

Article 3. Demurrers and special pleas to 
be in writing. §975. 

Article 4. Pleas of insanity and misno- 
mer. §§976-979. 

Article 5. Exceptions as to form and mo- 
tions in arrest. §980. 

Article 6. Settlement of cases. §981. 

Article 7. Nolle prosequi. §982. 

Article 8. Demand for trial. §983. 

Article 9. Announcement of ready or not 
ready. §984. 

Article 10. Continuances. §§985-994. 

Joint offenders. §995. 
Impaneling the jury. §§996- 



Article 11 

Article 12 

1004. 

Article 13 



Oaths of petit jury, witnesses, 



and bailiff. §§1005, 1006. 



Article 14. Testimony to be reported. 

§1007. 
Article 15. Evidence. §§1008-1018. 

Article 16. Admission of testimony. 

§§1019-1022. 
Article 17. Hearsay. §§1023-1027. 
Article 18. Admissions and confessions. 

§§1028-1035. 
Article 19. Prisoner's statement. §1036. 
Article 20. Competency of witnesses. 

§§1037-1042. 
Article 21. Examination o f witnesses. 

§§1043-1049. 
.Article 22. Impeachment o f witnesses. 

§§1050-1054. 
Article 23. Order of argument. §1055. 
Article 24. Charge of the court. §§1056- 

1058. 
Article 25. The verdict. §§1059-1061. 
Article 26. The sentence. §§1062-1081. 



NEW TRIALS, AND THE SUPREME COURT. 

The Supreme Court. §§1095- 



Article 1. When a new trial will, and will 
not be granted. §§1082-1089. 

Article 2. The motion and proceedings 
thereon. §§1090-1094. 



Article 3. 
1104. 



COSTS, FINES, AND FINE AND FORFEITURE FUND. 



Article 1. Costs. 
Article 2. Fines. 



§§1105-1110. 
§1111. 



Article 3. Fine and 
§§1112-1124. 



forfeiture fund. 



SALARIES AND FEES OF OFFICERS, WITNESSES, AND JURORS. 



Article 1. Illegal fees. §1125. 
Article 2. Solicitor-general. §§1126-1130. 
Article 3. Stenographic reporter. §1131. 
Article 4. Special criminal bailiffs. §1132. 
Article 5. Clerks of the superior courts. 

§1133. 
Article 6. Sheriffs. §1134. 
Article 7. Jailers, deputy jailers, and 

guards. §§1135-1137. 



Article 8. Jury commissioners and clerks. 

§1138. 
Article 9. Justices of the peace. §1139. 
Article 10. Constables. §1140. 
Article 11. Coroners. §1141. 
Article 12. Ordinaries. §1142. 
Article 13. Witnesses from other counties, 

and when venue is changed. §§1143- 

1148. 



COUNTY JAILS. 



Article 1. Duties of jailer. §§1149-1158. 



Article 2. Jails in 
§§1159-1165. 



certain counties 



CONTENTS. ix 



MISDEMEANOR CONVICTS. 



Article 1. How disposed of. §§1166-1174. 
Article 2. Whipping-bosses. §§1175-1178. 
Article 3. Time shortened for good beha- 
vior. §1179. 



Article 4. Convicts produced as witnesses. 
§§1180-1184. 



THE PENITENTIARY. 



Article 1. Prison Commission, control of 
convicts, duties of oflacers, etc. 
§§1185-1221. 



Article 2. Board of pardons. §§1222-1228. 
Articles. Protection of , oflacers and em- 
ployees. §§1229-1236. 



GEORGIA STATE REFORMATORY. 

Article 1. Established, and how managed. §§1237-1259. 

INDUSTRIAL FARMS. 

Article 1. How established, the purpose, and their management. §§1260-1279. 

MUNICIPAL FARM, OR OTHER PLACE OF CONFINEMENT. 

Article 1. Establishment authorized, and their management. §§1280-1289. 

SPECIAL QUASI-CRIMINAL PROCEEDINGS. 

Habeas Corpus. 

Article 1. Proceedings in applications for Tiabeas corpus. §§1290-1316. 

Warrants for Good Behavior, and to Keep the Peace. 

Article 1. The warrant and proceedings thereon. §§1317-1324. 

Search-warrants, and Proceedings Thereon. 

Article 1. The warrant and proceedings. §§1325-1329. 

Proceedings in Bastardy. 

Article 1. Proceedings against the mother, bond for maintenance of the child, etc. 
§§1330-1336. 

Coroner's Inquests. 
Article 1. When inquests shall be held, and proceedings. §§1337-1351. 

Fugitives from Justice. 



Article 1. Arrest within this State, and 
proceedings. §§1352-1356. 



Article 2. Rules for granting a requisition 
by the Governor. §§1357-1359. 



X 



CONTENTS. 



PUBLIC DEE'ENSE. 



Chapter 1. Volunteer forces. §§1360-1400. 
Article 1. Staff and organization. 
§§1360-1380. 
Section 1. Staff officers. §§1360-1369. 
Section 2. Militia and organizations. 
§§1370-1380. 
Article 2. National Guard organiza- 
tions. §§1381-1383. 
Article 3. Officer's rank and eligibility. 

§§1384-1394. 
Article 4. Enlistments. §§1395-1400. 
Chapter 2. Drills, instructions, and in- 
spections. §§1401-1406. 
Chapter 3. Court-martial. §§1407-1412. 
Chapter 4. Exemptions from public serv- 
ice duties and civil process. §§1413, 
1414. 
Chapters. Military fund. §§1415, 1416. 
Chapter 6. Volunteer forces not to leave, 
and foreign forces not to enter, the 
State. §§1417, 1418. 
Chapter 7. Military provisions and rules. 

§§1419, 1420. 
Chapter 8. Uniforms and Confederate 
flags. §§1421-1425. 



Chaptef 9. The flag of the State. §1426. 
Chapter 10. Right of way for troops. 

§1427. 
Chapter 11. Arm s. and ammunitions. 

§§1428-1432. 
Chapter 12. Riots and mob violence 
§§1433-1441. 
Article 1. State of insurrection. §1433. 
Article 2. Riots, mobs, etc. §1434. 
Article 3. Powers of judge, sheriff, and 

mayor. §1435. 
Article 4. Orders to disperse before fir- 
ing. §1436. 
Article 5. Penalty for riot and failing 

to disperse. §§1437, 1438. 
Article 6. Assaulting troops and resist- 
ing attack. §§1439, 1440. 
Article 7. Control of streets. §1441. 
Chapter 13. Naval militia. §§1442-1445. 
Chapter 14. Miscellaneous provisions. 

§§1446-1462. 
Chapter 15. Georgia volunteers. §§1463- 
1467. 



PENSIONS, AND CONFERATE SOLDIERS' HOME. 



Chapter 1, Pensions. §§1468-1514. 

Article 1. Commissioner o f Pensions. 

§§1468-1482. 
Article 2. Pensions for maimed and in- 
firm Confederate soldiers. §§1483, 

1484. 

Article 3. Pensions to aged and infirm 
Confederate soliders. §§1485-1490. 



Article 4. Pensions for widows of Geor- 
gia Confederate soldiers. §§1491- 
1501. 

Article 5. Miscellaneous provisions. 
§§1502-1514. 

Chapter 2. Confederate Soldiers' Home. 
§§1515-1519. 



THE PENAL CODE. 



CRIMES AND THEIR PUNISHMENT. 



PRELIMINARY PROVISIONS. 

§1. (§1.) Construction of statutes. The following rules shall 
govern the construction of all statutory enactments ; 

1. The ordinary signification shall be applied to all words, except 
words of art, or connected with a particular trade or subject-matter, 
when they shall have the signification attached to them by experts 
in such trade, or with reference to such subject-matter. 

2. The present or past tense shall include the future. 

3. The masculine gender shall include the feminine and neuter. 

4. The singular or plural number shall each include the other, 
unless expressly excluded. 

5. A joint authority given to any number of persons, or officers, 
may be executed by a majority of them, unless it is otherwise 
declared. 

6. A substantial compliance with any requisition of the Code, or 
laws amendatory thereof, especially on the part of public officers, 
shall be deemed and held to be sufficient, and no proceeding shall be 
declared void for want of such compliance, unless so provided by the 
enactment. 

8. When a number of days is prescribed for the exercise of any 
privilege, or the discharge of any duty, only the first or last day 
shall be counted; and if the last day ,§liall fall on the Sabbath, 
another day shall be allowed in the computation. 

9. In all interpretations, the courts shall look diligently for the 
intention of the General Assembly, keeping in view, at all times, the 
old law, the evil, and the remedy. Grammatical errors shall not viti- 
ate, and a transposition of words and clauses may be resorted to 
when the sentence or clause is without meaning as it stands. 

§2. (§2.) Meaning of certain words. The following meaning shall 
be given to each of the following words in all statutes, unless a dif- 
ferent meaning is apparent from the context : 

Property includes real and personal property. 

Person includes a corporation and persons of color. ^ 



§§3-7 



PRELIMINARY PROVISIONS. 



§§32, 33, 35, 
1038. 



Writing includes printing and all numerals. 

Oath includes affirmation. 

Signature, or Subscription, includes the mark of an illiterate or 
infirm person. 

Lunatic, Insane, or Non compos mentis, each includes all persons of 
unsound mind. 

Justice, when applied to magistrates, means justice of the peace. 

Preceding and Aforesaid mean generally next before, and Follow- 
ing next after, unless the context requires a different signification. 

Month means a calendar month, twenty school days a scholastic 
month in public schools. 

Year means a calendar year. 

Seal shall include impressions on the paper itself, as well as 
impressions on wax or wafers. With the exception of official seals, 
a Scrawl, or any other mark intended as a seal, shall be held as such. 

Highway, or Road, includes bridges upon the same. 

The term Felony means an offense, for which the offender, on 
conviction, shall be liable to be punished by death or imprisonment 
in the penitentiary, and not otherwise. Every other crime is a 
Misdemeanor. 

The term Civil Code means the first volume of this revised edition 
of the Code. 



Cobb, 536. 
Acts 1896, 
p. 82. 



Cobb, 780. 
§791. 



const.^ s ^^' ^^^•'^ Future operation of laws. Laws prescribe only for the 

3, par. 2. futurc. No bill of attainder or ex post facto law shall be passed. 
Laws looking only to the mode of trial may apply to offenses com- 
mitted prior to their passage. 

§4. (§4.) Ignorance of law. Laws, after promulgation, are obliga- 
tory upon all inhabitants of this State, and ignorance of the law 
excuses no one. 

§5. (§5.)* Waiver of law. Laws made for the preservation of 
public order, or good morals, can not be done away with or abro- 
gated by any agreement ; but a person may waive or renounce what 
the law has established in his favor, when he does not thereby in- 
jure others, or affect the public interest. 

^Art'i, sec. ^^' (^^O Life, liberty, and property. No person shall be de- 
• 1, par. 3. prived of life, liberty, or property, except by due process of law. 

§7. (§7.) Right to the courts. No person shall be deprived of 
the right to prosecute or defend his own cause in any of the courts 
of this State, in person, by attorney, or both. 



Const., 
Art.. 1, sec. 

1, par. 4. 



PEELIMINARY PEO VISIONS. §§8-16 



§8. (§8.) Benefit of counsel, accusation, list of witnesses, compul-^2rt! i, sec. 
sory process, and trial. Every person charged with an offense ^' p^^- ^• 
against the laws of this State — 

1. Shall have the privilege and benefit of counsel. 

2. Shall be furnished, on demand, with a copy of the accusation, §97o. 
and a list of the witnesses on whose testimony the charge against 
him is founded. 

3. Shall have compulsory process to obtain the testimony of his 
own witnesses. 

4. Shall be confronted with the witnesses testifying against him, 
and 

5. Shall have a public and speedy trial by an impartial jury. 

§9. (§9.) Crimination of self not compelled. No person shall be^^rfi sec 
compelled to give testimony tending in any manner to criminate -JljgP^^^' ^• 
himself. 

§10. (§10.) Banishment, whipping. Neither banishment beyond^onst. 

^rx. JLy S6C* 

the limits of the State, nor whipping, as a punishment for crime, i' p^r- 7. 
shall be allowed. 

§11. (§11.) Jeopardy of life, etc. No person shall be put in^^'o^f-. 

^rx* Xf 96C* 

jeopardy of life or liberty more than once for the same offense, save i' par. s. 
on his own motion for a new trial, after conviction, or in case of 
mistrial. 

§12. (§12.) Bail, fines, punishments, arrests. Excessive bail shall const. 

xxFX* A.f S6C* 

not be required, nor excessive fines imposed, nor cruel and unusual i- par- 9. 
punishments inflicted ; nor shall any person be abused in being ar- 
rested, while under arrest, or in prison. 

§13. (§13.) Costs. No person shall be compelled to pay costs, ^o"^*- 

.i\.]rt> J.) S6C* 

except after conviction on final trial. J-'F^^A^}p- 

^ Cobb, 859. 

§§305, 1105. 

§14. (§14.) Habeas corpus. The writ of habeas corpus shall notconst.. 

Art. 1, sec. 

be suspended. i. par. n. 

^ §12.90. 

§15. (§15.) Slavery and involuntary servitude. There shall beconst., 

A.rt 1 SGC 

within the State of Georgia neither slavery nor involuntary servi- i, par.'i?. * 
tude, save as a punishment for crime after legal conviction thereof. 

§16. (§16.) Conviction. No conviction shall work corruption of const., 
blood, or forfeiture of estate. 2, par.' 3. 

Forfeiture to the State for crime is abolished, except so far ascobb, 859. 
the lien which the State holds upon all the property of an offender 
for the costs of the prosecution against him. 



§§17-24 PRELIMINARY PROVISIONS. 4 

Cobb, 837. §17 (§17.) No benefit of clergy. No person convicted of a crime 

shall be allowed the benefit of clergy; and in all cases where the 
penalty of death is annexed to a crime, the convict shall suffer that 
punishment. 

Cobb, 838. ^-j^g ^^-j^g >j Crimes to be punished under coexisting laws. All 

crimes shall be prosecuted and punished under the laws in force at 
the time of the commission thereof, notwithstanding the repeal of 
such laws before such trial takes place. 

§1066. ^^^' §19. ( §19.) No conviction for an assault or attempt when the crime 

is actually perpetrated. No person shall be convicted of an assault 
with intent to commit a crime, or of any other attempt to commit 
any offense, when it shall appear that the crime intended, or the 
offense attempted, was actually perpetrated by such person at the 
time of such assault, or in pursuance of such attempt. 

*^^^^- §20. (§20.) Conviction must precede punishment. The punish- 

ments prescribed by this Code can be inflicted only upon a legal con- 
viction in a court having jurisdiction. 

§21. (§21.) Sovereignty and jurisdiction. The sovereignty and 
jurisdiction of this State extend to all places within the limits of her 
boundaries, except so far as she has voluntarily ceded the same to 
the United States, or adjacent States, over particular localities. 

^^' §22. (§22.) As to persons. The jurisdiction of this State and its 

laws extend to all persons while within its limits, whether as citizens, 
denizens, or temporary sojourners. 

§23. (§23.) Counties divided by water. "Whenever a stream of 
water is the boundary of a county, the jurisdiction of the county shall 
extend to the center of the main channel of such stream ; and if an 
offense is committed on such stream, and the evidence on the trial 
does not definitely disclose in which county it was committed, the 
courts of either county may maintain jurisdiction for the trial and 
punishment of the offender. 

§24. (§24.) Offenses committed on watercourses. Whenever an 
offense is committed on the waters of any river which forms a bound- 
ary between this and any other State, the whole of which river be- 
longs to Georgia, the county which is situate on the side of the river 
opposite the point where the offense is committed has jurisdiction of 
the same ; and if the evidence on the trial does not definitely disclose 
on which side of the line, between two counties, at the place where 
it touches the river, the offense was committed, the courts of either 
county may maintain jurisdiction. 



5 PRELIMINARY PROVISIONS. * §§25-30 

§25. (§25.) On boundary lines of the State. This State claims ju- 
risdiction of an offense committed on any of her boundary lines with 
other States, for the county bordering on that part of the line where 
the offense was committed, and if doubtful as to which of two coun- 
ties (as set forth in the preceding section), for either county, and 
' will proceed to arrest, indict, try, and execute, until such other State 
shall make a demand for the accused as a fugitive from justice, in 
which event the progress of the case shall be suspended by order of 
the Governor until the question of jurisdiction is settled. 

§26. (§26.) Boundary line of two counties. When an offeiase shall ^^o^^- 84o. 
be committed on the boundary line of two counties, it shall be con- 
sidered and adjudged to have been committed in either county, and 
an indictment for such offense may be found and tried, and convic- 
tion thereon may be had, in either of said counties. 

§27. (§27.) Death from an act done in another county. When any cotb, 84o. 
mortal wound shall be given, or any poison shall be administered, 
or any other means shall be employed in one county, by which a 
human being shall be killed, who shall die thereof in another county, 
the indictment shall be found and the offender shall be tried in the 
county where the act was performed or done from which the death 
ensued. 

§28. (§28.) Or on soil ceded to United States. If such wound be^^t«i855-6. 
given or poison administered upon soil the jurisdiction over which 
has been ceded to the United States, within the geographical limits 
of this State, or within the territory of an adjoining State, and 
death shall ensue therefrom in any county in this State, the indict- 
ment shall be found and the cause tried in the county where the 
death occurs. 

§29. (§29.) In the county where the crime was committed. All'^^^^*-^ ^^^ 
criminal cases shall be tried in the county where the crime was com-^^^^^-^pj^gg^- 
mitted, except cases in the superior courts where the judge is sat- p- '^'^• 
isfied that an impartial jury can not be obtained in such county. 
When he becomes thus satisfied, he may change the venue for the 
trial. 

§30. (§30.) Limitations of prosecutions. Indictments may be^''*'^' ^^^• 
found and filed in the proper courts, as follows : 

1. For murder, at any time after the death of the person killed, s^^- 

2. In all other cases where the punishment is death or perpetual 
imprisonment, within seven years next after the commission of the 
offense, and at no time thereafter. 



§30 PRELIMINARY PROVISIONS. 6 

3. In all other felonies, within four years next after the commis- 
sion' of the offense, and at no time thereafter. 

§1065. 4. In all misdemeanors, within two years after the commission of 

the offense, and at no time thereafter. 

If the offender shall abscond from this State, or so conceal himself 
that he can not be arrested, such time during which he has been 
absent from the State, or concealed, shall not be computed or con- 
stitute any part of said several limitations. 

Cobb, 842. Nor shall any limitation run so long as the offender or offense is 

unknown. 

§§801, 982, xf the indictment is found within the time limited, and for any in- 

formality shall be quashed or nol. pros'd, a new indictment may be 
found and prosecuted within six months from the time the first is 
quashed or nol. pros'd. 



1127. 



FIRST DIVISION.— ARTICLES 1, 2. §§31-35 



Definition of a crime. Infants, lunatics, idiots, and persons counseling them. 



FIRST DIVISION. 



Definition of a Crime. Persons Capable of Committing. 
Persons Punishable. 



ARTICLE 1. 

Definition of a Crime. 

§31. (§31.) Definition of crime or misdemeanor. A crime or mis-cobb^ tto.^^ 
demeanor shall consist in a violation of a public law, in the com- 67. 
mission of which there shall be a union or joint operation of act 
and intention, or criminal negligence. 

§32. (§32.) Intention, how manifested. Intention will be ^^^^-^^ss', I^ei, 
fested by the circumstances connected with the perpetration of the ^^' '^^^ 
offense, and the sound mind and discretion of the person accused. 



ARTICLE 2. 
Infants, Lunatics, Idiots, and Persons Counseling Them. 
§33. (§33.) Persons who are considered of sound mind. A personcobb, 779. 

. . . . ... §§32, 1038. 

shall be considered of sound mind who is neither an idiot, a lunatic, 
nor afflicted by insanity, or who has arrived at the age of fourteen 
years, or before that age if such person know the distinction betweSn 
good and evil. ' 

§34. (§34.) Infant under the age of ten years. An infant undercobb, 779. 
the age of ten years, whose tender age renders it improbable that he 
should be impressed with a proper sense of moral obligation, or be 
possessed of sufficient capacity deliberately to have committed the 
offense, shall not be considered or found guilty of any crime or mis- 
demeanor. 

§35. (§35.) Lunatics. A lunatic or person insane, without lucidJS^' jp- 

oS^> 97o, 

intervals, shall not be found guilty of any crime or misdemeanor ^^^ (^>- 



§§36-39 FIRST DIVISION.— ARTICLES 3, 4. 8 

Married women acting under threats. Voluntary drunkenness. 

with which he may be charged : Provided, the act so charged as 
criminal was committed in the condition of such lunacy or insanity ; 
but if a lunatic has lucid intervals of understanding, he shall answer 
for what he does in those intervals as if he had no deficiency. 

Cobb, 779. ^3g (pg ) Idiots. An idiot shall not be found guilty or pun- 

ished for any crime or misdemeanor with which he may be charged. 

1999 '(3)?' §3'''- (§37.) Their counselors and instigators. Any person counsel- 

ing, advising, or encouraging an infant under the age of ten years, 
a lunatic, or an idiot to commit an offense, shall be prosecuted for 
such offense, when committed, as principal; and if found guilty, 
shall suffer the same punishment as would have been inflicted on 
said infant, lunatic, or idiot, if he had possessed discretion and been 
found guilty. 



ARTICLE 3. 

Married Women Acting Under Threats. 

c-obb, 779. §3g (§38.) Married women, if coerced, not punishable. A mar- 

ried Vv^oman, acting under the threats, command, or coercion of her 
husband shall not be found guilty of any crime or misdemeanor not 
punishable by death or perpetual imprisonment ; and, with this ex- 
ception, the husband shall be prosecuted as principal, and, if con- 
victed, shall receive the punishment which otherwise would have 
been inflicted on the wife, if she had been found guilty : Provided, it 
appears, from all the facts and circumstances of the case, that vio- 
lent threats, command, and coercion were used. 



ARTICLE 4. 

Voluntary Drunkenness. 

Cobb, 779. §39. (§39.) Voluntary drunkenness no excuse. Drunkenness shall 

not be an excuse for any crime or misdemeanor, unless such drunk- 
enness was occasioned by the fraud, artifice, or contrivance of 
another person, for the purpose of having a crime perpetrated ; and 
then the person so causing said drunkenness, for such malignant pur- 
pose, shall be considered a principal, and suffer the same punishment 
as would have been inflicted on the person committing the offense, 
if he had been possessed of sound reason and discl*etion. 



FIRST DIVISION.— ARTICLES 5, 6. §§40,41 



Misfortune or accident. Persons acting under fear. 



ARTICLE 5. 

Misfortune or Accident. 

§40. (§40.) Misfortune or accident. A person shall not be found J'g^l*^' ^Y?^- 
guilty of any crime or misdemeanor committed by misfortune or ac- 
cident, and where it satisfactorily appears there was no evil design, 
or intention, or culpable neglect. 



ARTICLE 6. 

Persons Acting Under Fear. 

§41. (§41.) Acting under threats. A person committing a crime J^^^- Jjs- 
or misdemeanor under threats or menaces, which sufficiently show 
that his life or member was in danger, or that he had reasonable 
cause to believe, and did actually believe, that his life or member 
was in danger, shall not be found guilty ; and such threats and men- 
aces being proved and established, the person compelling, by said 
threats and menaces, the commission of the offense, shall be consid- 
ered a principal, and suffer the same punishment as if he had perpe- 
trated the offense. 



§§42-46 



SECOND DIVISION.— ARTICLES 1, 2. 



10 



Principals in first and second degrees. Accessories. 



Cobb, 781. 
§41. 



Cobb, 781. 



SECOND DIVISION. 



Principals and Accessories in Crime. 



ARTICLE 1. 



Principals in First and Second Degree. 

§42. (§42.) Principals in first and second degree. A person may 
be principal in an offense in two degrees. A principal in the first 
degree is the actor or absolute perpetrator of the crime. A princi- 
pal in the second degree is he who is present, aiding and abetting 
the act to be done ; which presence need not always be an actual, 
immediate standing by, within sight or hearing of the act ; but there 
may be also a constructive presence, as when one commits a robbery, 
or murder, or other crime, and another keeps watch or guard at some 
convenient distance. 

§43. (§43.) Punishment of principal in the second degree. A prin- 
cipal in the second degree, except where it is otherwise provided, 
shall receive the same punishment that is provided for the principal 
in the first degree. 



ARTICLE 2. 

Accessories. 

Cobb, 781. §44. (§44.) Accessory defined. An accessory is one who is not 

the chief actor in the offense, nor present at its performance, but 
is some way concerned therein, either before or after the act com- 
mitted. 

Cobb, 781. §45. (§45.) Accessory before the fact. An accessory before the 

fact is one who, being absent at the time of the crime committed, 
doth yet procure, counsel, or command another to commit a crime. 

Cobb, 781. ' §46. (§46.) Punishment of an accessory before the fact. An acces- 
sory before the fact, except where it is otherAvise provided, shall 
receive the same punishment that is prescribed for the principal in 
the first degree. 



11 SECOND DIVISION.— ARTICLE 2. §§47-49 

Accessories. 

§47. (§47.) Accessory after the fact. An accessory after the factJ^J^- '^^^• 
is a person who, after full knowledge that a crime has been commit- 
ted, conceals it from the magistrate, and harbors, assists, or protects 
the person charged with or convicted of the crime. 

§48. (§48.) Accessories after the fact, punishment. Accessories ^o^^'^"^^!.^ 
after the fact, except where it is otherwise provided in this Code, pp- ^^' ^^■ 
shall be punished as for a misdemeanor. 

§49. (§49.) When accessory may be tried. An accessory before or^^t|gi873, 
after the fact may be indicted, tried, convicted, and punished, not- 
withstanding the principal offender may have been pardoned or 
otherwise discharged after his conviction, or can not be taken so as 
to be prosecuted and punished. 



§§50-54 



THIRD DIVISION.— ARTICLES 1, 2. 



12 



Crimes against the State. Treason. 



THIRD DIVISION. 



Crimes Against the State and People. 



Cobb, 782. 



ARTICLE 1. 

Crimes Against the State. 

§50. (§50.) Crimes against the State. Crimes against the State 
and people shall consist in treason in the first degree and second 
degree, inciting, or attempting to incite, an insurrection. 



Const., 

Art, 1, sec. 

2, par. 2. 
Cobb, 782. 
Acts 1866, 

p. 150. 
§1078. 



Const., 

Art. 1, sec. 

2, par. 2. 
Cobb, 782. 



Cobb, 782. 



Cobb, 782. 



ARTICLE 2. 

Treason. 

§51. (§51.) Treason, punishment. Treason against the State of 
Georgia shall consist in levying war against her, adhering to her 
enemies, giving them aid and comfort, and shall be punished with 
death; but the punishment may be commuted in conformity with 
the provisions of section 63 of this Code. 

§52. (§52.) How proved. No person shall be convicted of treason 
except on the testimony of two witnesses to the same overt act, or 
confession in open court. 

§53. ( §53.) Jurisdiction of acts done without the State. When the 
overt act of treason shall be committed without the limits of this 
State, the person charged therewith may be arrested and tried in any 
county in this State, within the limits of which he may be found, 
and shall be punished in like manner as if the treason had been 
committed and done within the limits of said county. 

§54. (§54.) Treason in second degree. Treason in the second 
degree shall consist in the knowledge and concealment of treason, 
without otherwise assenting to or participating in the same, and 
shall be punished by confinement and labor in the penitentiary for 
four years. 



13 THIRD DIVISION.— ARTICLE 3. §§55-58 

Insurrection and attempt to incite insurrection. 



ARTICLE 3. 

Insurrection and Attempt to Incite Insurrection. 

§55. (§55.) Insurrection. Insurrection shall consist in any com-^cts isee 
bined resistance to the lawful authority of the State, with intent to 
the denial thereof, when the same is manifested, or intended to be 
manifested, by acts of violence. 

§56. (§56.) Attempt to incite insurrection. Any attempt, by per-^^t^ if7i-2, 

pp« -Lyj ^u. 

suasion or otherwise, to induce others to join in any combined resist- 
ance to the lawful authority of the State shall constitute an attempt 
to incite insurrection. 

§57. (§57.) Punishment of insurrection. Any person convicted of ^^^^ 7|f6_ 
the offense of insurrection, or an attempt to incite insurrection, 
shall be punished with death ; or, if the jury recommend to mercy, 
confinement in the penitentiary for not less than five nor more than 
twenty years. 

§58. (§58.) Circulating insurrectionary papers. If any pe^son^o^b, ^7^82. 
shall bring, introduce, print, or circulate, or cause to be introduced, pp- 1^2, 153. 
circulated, or printed, or aid or assist, or be in any manner instru- 
mental in bringing, introducing, circulating, or printing within this 
State any paper, pamphlet, circular, or any writing, for the purpose 
of inciting insurrection, riot, conspiracy, or resistance against the 
lawful authority of the State, or against the lives of the inhabitants 
thereof, or any part of them, he shall be punished by confinement 
in the penitentiary for not less than five nor longer than twenty 
years. 



s^ §59-63 



FOURTH DIVISION.— ARTICLE 1. 



14 



Homicide. 



FOURTH DIVISION. 



Crimes Against the Person. 



Cobb, 783. 



Cobb, 783. 
§§30, 61. 



ARTICLE 1. 
Homicide. 



§59. (§59.) Homicide. Homicide is the killing of a human be- 
ing, and is of three kinds — murder, manslaughter, and justifiable 
homicide. 

§60. (§60.) Murder. Murder is the unlawful killing of a human 
being, in the peace of the State, by a person of sound memory and 
discretion, with malice aforethought, either express or implied. 

Jpi,' 31^,^60 §^^- (§^1-) Express malice. Express malice is that deliberate 

62, 64. intention unlawfully to take away the life of a fellow-creature, which 

is manifested by external circumstances capable of proof. 

§62. (§62.) Implied malice. Malice shall be implied where no 
considerable provocation appears, and where all the circumstances 
of the killing show an abandoned and malignant heart. 

§63. (§63.) Murder, punishment. The punishment for persons 
convicted of murder shall be death, but may be confinement in the 
penitentiary for life in the following cases : If the jury trying the 
case shall so recommend, or if the conviction is founded solely on cir- 
cumstantial testimony, the presiding judge may sentence to confine- 
ment in the penitentiary for life. In the former case it is not dis- 
cretionary with the judge ; in the latter it is. 

Whenever a jury, in a capital case of homicide, shall find a verdict 
of guilty, with a recommendation of mercy, instead of a recommen- 
dation of imprisonment for life, in cases where by law the jury may 
make such recommendation, such verdict shall be held to mean 
imprisonment for life. If, in any capital case of homicide, the jury 
shall make any recommendation, where not authorized by law to 
make a recommendation of imprisonment for life, the verdict shall 
be construed as if made without any recommendation. . 



Cobb, 783. 
§§60, 61, 64. 



Cobb, 783. 
Acts 1878-9, 
p. 60. 
§§523, 1009. 



Acts 1875, 
p. 106. 



15 FOURTH DIVISION.— ARTICLE 1. §§64-69 

Homicide. 

§64. (§64.) Manslaughter. Manslaughter is the unlawful killing ^^J^' ^2^^- 
of a human creature, without malice, either express or implied, and 
without any mixture of deliberation whatever, which may be volun- 
tary, upon a sudden heat of passion, or involuntary, in the commis- 
sion of an unlawful act, or a lawful act without due caution and 
circumspection. 

§65. (§65.) Voluntary manslaughter. In all cases of voluntary <;Obb, 783, 784. 

Acts loyy, 

manslaughter, there must be some actual assault upon the person p- 4i. 
killing, or an attempt by the person killed to commit a serious per- 
sonal injury on the person killing, or other equivalent circumstances 
to justify the excitement of passion, and to exclude all idea of de- 
liberation or malice, either express or implied. Provocation by 
words, threats, menaces, or contemptuous gestures shall in no case 
be sufficient to free the person killing from the guilt and crime of 
murder. The killing must be the result of that sudden, violent im- 
pulse of passion supposed to be irresistible ; for if there should have 
been an interval between the assault or provocation given and the 
homicide, of which the jury in all cases shall be the judges, sufficient 
for the voice of reason and humanity to be heard, the killing shall 
be attributed to deliberate revenge, and be punished as murder. 

^66. (§66.) Punishment. Voluntary manslaughter shall be P^^-^cts'isss 
ished by confinement and labor in the penitentiary for not less than p- ^^^ 
one nor longer than twenty years. 

§67. (§67.) Involuntary manslaughter. Involuntary manslaughterCobb, ^7^4.^^ 
shall consist in the killing of a human being without any intention 
to do so, but in the commission of an unlawful act, or a lawful act, 
which probably might produce such a consequence, in an unlawful 
manner : Provided, that where such involuntary killing shall happen 
in the commission of an unlawful act which, in its consequences, 
naturally tends to destroy the life of a human being, or is committed 
in the prosecution of a riotous intent, or of a crime punishable by 
death or confinement in the penitentiary, the offense shall be deemed 
and adjudged to be murder. 

§68. (§68.) Punishment. Involuntary manslaughter, in the com-^^^^''- "^84. 
mission of an unlawful act, shall be punished by confinement and 
labor in the penitentiary for not less than one nor longer than 
three years. 

§69. (§69.) Punishment. Involuntary manslaughter, in the com-cobb, 784. 
mission or performance of a lawful act, where there has not been 
observed necessary discretion and caution, shall be punished as for a 
misdemeanor. 



§§70-76 



FOURTH DIVISION.— ARTICLE 1. 



16 



Homicide. 



Cobb, 784. 
§71. 



Cobb, 784. 
§70. 



Cobb, 785. 
§32. 



Cobb, 785. 



Cobb, 785. 



Cobb, 785. 



§70. (§70.) Justifiable homicide. There being no rational dis- 
tinction between excusable and justifiable homicide, it shall no 
longer exist. Justifiable homicide is the killing of a human being 
by commandment of the law in execution of public justice ; by per- 
mission of the law in advancement of public justice ; in self-defense, 
or in defense of habitation, property, or person, against one who 
manifestly intends or endeavors, by violence or surprise, to commit a 
felony on either; or against any persons who manifestly intend 
and endeavor, in a riotous and tumultuous manner, to enter the 
habitation of another for the purpose of assaulting or offering per- 
sonal violence to any person dwelling or being therein. 

§71. (§71.) Fear must be reasonable. A bare fear of any of 
those offenses, to prevent which the homicide is alleged to have been 
committed, shall not be sufficient to justify the killing. It must ap- 
pear that the circumstances were sufficient to excite the fears of a 
reasonable man, and that the party killing really acted under the 
influence of those fears, and not in a spirit of revenge. 

§72. (§72.) Killing in defense. If after persuasion, remonstrance, 
or other gentle measures used, a forcible attack and invasion on the 
property or habitation of another can not be prevented, it shall be 
justifiable homicide to kill the person so forcibly attacking and in- 
vading the property or habitation of another ; but it must appear 
that such killing was absolutely necessary to prevent such attack 
and invasion, and that a serious injury was intended, or might ac- 
crue to the person, property, or family of the person killing. 

§73. (§73.) The danger must be urgent. If a person kill another 
in his defense, it must appear that the danger was so urgent and 
pressing at the time of the killing, that, in order to save his own life, 
the killing of the other was absolutely necessary ; and it must appear, 
also, that the person killed was the assailant, or that the slayer had 
really and in good faith endeavored to decline any further struggle 
before the mortal blow was given. 

§74. (§74.) Mutual protection. Parents and children may mutu- 
ally protect each other, and justify the defense of the person or rep- 
utation of each other. 

§75. (§75.) All other instances. All other instances which stand 
upon the same footing of reason and justice as those enumerated, 
shall be justifiable homicide. 

§76. (§76.) Justifiable homicide not punished. The homicide ap- 
pearing to be justifiable, the person indicted shall, upon the trial, be 
fully acquitted and discharged. 



17 FOURTH DIVISION.— ARTICLE 2. §§77-82 



Concealing child's death, advising to kill infants, abortion, and foeticide. 

ARTICLE 2. 

Concealing Child's Death, Advising to Kill Infants, Abortion, 

and Foeticide. 

§77. (§77.) Advisers to kill infants. If any person shall conns el, ^'^^^' '^^^• 
advise, or direct a woman to kill the child with which she is preg- 
nant, and after she is delivered of such child she kill it, every such 
person so advising or directing shall be deemed an accessory before 
the fact to such murder, and shall have the same punishment as the 
principal. 

§78. (§78.) Concealment of child's death. The constrained pre-^*^^^* '^^^• 
sumption arising from the concealment of the death of any child, 
that the child whose death is concealed was therefore murdered by 
the mother, shall not be sufficient or conclusive evidence to convict 
the person indicted of the murder of her child, unless probable proof 
be given that the child was born alive, nor unless the circumstances 
attending it shall be such as shall satisfy the minds of the jury that 
the mother did willfully and maliciously destroy and take away the 
life of such child. 

§79. (§79.) Concealment of death of bastard child. If any woman ^p'*y^^^^' 
shall conceal or attempt to conceal the death of any issue of her^^^^' '^^^' 
body, which, if it were born alive, would be a bastard, so that it 
may not come to light whether it was murdered or not, she is guilty 
of a misdemeanor. 

§80. (§80.) Foeticide, how punished. The willful killing of ^n^^^l^^^^' 
unborn child so far developed as to be ordinarily called ''quick," 
by any injury to the mother of such child, which would be murder 
if it resulted in the death of such mother, shall be punished by 
death or imprisonment for life, as the jury trying the case may 
recommend. 

§81. (§81.) Use of medicine, assault with intent to murder. Any ^^*^^^^^^' 
person who shall administer to any woman, pregnant with a child, 
any medicine, drug, or substance whatever, or shall use or employ 
any instrument or other means, with intent thereby to destroy such 
child, unless the same shall have been necessary to preserve the life 
of such mother, or shall have been advised by two physicians to be 
necessary for such purpose, shall, in case the death of child or mother 
be thereby produced, be guilty of an assault with intent to murder. 

§82. (§82.) Abortion, punishment of. Any person who shall will-'^p^^iig^^^' 
fully administer to any pregnant woman any medicine, drug, or 



§§83-88 



FOURTH DIVISION.— ARTICLE 3. 



18 



Mayhem. 



substance, or anything whatever, or shall employ any instrument or 
means whatever, with intent thereby to produce the miscarriage or 
abortion of any such woman, unless the same shall have been neces- 
sary to preserve the life of such woman, or shall have been advised 
by two physicians to be necessary for that purpose, shall be guilty 
of a misdemeanor. 



Cobb, 786. 



Cobb, 786. 



Cobb, 786. 



ARTICLE 3. 
Mayhem. 



§83. (§83.) Mayhem. Mayhem shall consist in unlawfully depriv- 
ing a person of a member, or disfiguring, or rendering it useless. 

§84. (§84.) Special instances designated. If any person shall un- 
lawfully, and without sufficient cause or provocation, cut out or dis- 
able the tongue, put out an eye, slit or bite the nose, ear, or lip, or 
cut or bite off the nose, ear, or lip, or castrate, or cut, or bite off, or 
disable any other limb or member of another, with an intention in 
so doing to maim or disfigure such person, or shall voluntarily, ma- 
liciously, and of purpose, while fighting or otherwise, do any of these 
acts, every such person shall be guilty of mayhem. 

§85. (§85.) Cutting out or disabling the tongue. Cutting out the 
tongue, with the intention, or voluntarily, or maliciously, as ex- 
pressed in the preceding section, shall be punished by confinement 
and labor in the penitentiary for life. Disabling the tongue, with 
the intention, or voluntarily, or maliciously, as expressed in the pre- 
ceding section, shall be punished by confinement and labor in the 
penitentiary for not less than five years nor more than fifteen 
years. 

§86. (§86.) Putting out one eye. Putting out an eye with the in- 
tention, or voluntarily, or maliciously, as before expressed, in fight 
or otherwise, is a misdemeanor. 

§87. (§87.) Both eyes or the only eye. Putting out the eyes of 
another, or the eye of another having but one eye, with a similar 
intention, or voluntarily, or maliciously, while fighting or otherwise, 
shall be punished by confinement and labor in the penitentiary for 
life. 

Acts' 1865-6 5^^- (§^^-) Slitting or biting the nose. Slitting or biting the nose, 
p. 233. gar, or lip of another, with the intention, or voluntarily, or mali- 

ciously, as before expressed, while fighting or otherwise, is a misde- 
meanor. 



Cobb, 786. 
Acts 1865- 
p. 233. 



Cobb, 786. 



19 FOURTH DIVISION.— ARTICLES 4, 5. §§89-96 

Rape. Assaults, and assault and battery. 

§89. (§89.) Cutting or biting off the nose, ear, or lip. Cutting or^^^J' ^'^l^-.g 
biting off the nose, ear, or lip of another, with the intention, or vol- p- ^^^• 
untarily, or maliciously, as before expressed, while fighting or other- 
wise, is a misdemeanor. 

§90. (§90.) Castration. Castrating another, with the intention,^^^^'j^^^- 
or voluntarily, or maliciously, as before expressed, while fighting or p- ^^^• 
otherwise, shall be punished with death ; but the punishment may be 
commuted in conformity with the provisions of section 63 of this 
Code. 

§91. (§91.) Wounding in a less degree. Willfully and maliciously ^^^*'' '^^^• 
injuring, wounding, or disfiguring the private parts of another, with 
the intention aforesaid, whilst fighting or otherwise, which injur- 
ing, wounding, or disfiguring do not amount to castration, shall be 
punished by confinement and labor in the penitentiary for not less 
than five years nor longer than fifteen years. 

§92. (§92.) Other mayhems. Cutting or biting off, or disabling 5^^^'^^^^;^- 
any limb or member of another, not hereinbefore designated, with ^' ^^^• 
the mtention, or voluntarily, or maliciously, as before expressed, 
while fighting or otherwise, is a misdemeanor. 



ARTICLE 4. 
Rape. 



§93. (§93.) Definition. Rape is the carnal knowledge of a female,cobb, tst. 
forcibly and against her will. 

§94. (§94.) Punishment. The crime of rape shall be punished cobb, ^787. 
with death, unless the defendant is recommended to mercy by the p- ^^i. 
jury, in which case the punishment shall be the same as for an 
assault with intent to commit a rape. 



ARTICLE 5. 

Assaults, and Assault and Battery. 

§95. (§95.) Definition of assault. An assault is an attempt to^^^^- '^^^^ 
commit a violent injury on the person of another. 

§96. (§96.) Punishment. A bare assault is a misdemeanor. 



§§97-105 



FOUETH DIVISION.— ARTICLE 5. 



20 



Assaults, and assault and battery. 



Cobb, 788-9. 
§114. 



Acts 1866, 
p. 151. 
§94. 



Cobb, 787. 
§148. 



Cobb, 787. 



Cobb, 787. 
Acts 1865-6, 
p. 2.33. 



§97. (§97.) Assault with intent to murder. An assault with in- 
tent to murder, by using any weapon likely to produce death, shall 
be punished by imprisonment and labor in the penitentiary for not 
less than two years nor longer than ten years. 

§98. (§98.) Assault with intent to rape. An assault with intent to 
commit a rape shall be punished by imprisonment at hard labor in 
the penitentiary for not less than one year nor longer than twenty 
years. 

§99. (§99.) Assault with intent to rob. An assault with intent to 
rob is where any person shall, with any offensive or dangerous 
weapon or instrument, unlawfully and maliciously assault another, 
or shall, by menaces, or in and by any forcible or violent manner, 
demand any money, goods, or chattels of or from any other person, 
with intent to commit robbery upon such person. 

§100. (§100.) Punishment. An assault with intent to rob shall be 
punished by confinement and labor in the penitentiary for not less 
than two years nor more than four years. 

§101. (§101.) Assault to injure clothes. An assault with intent to 
spoil or injure clothes or garments is where any person shall will- 
fully and maliciously assault a person with an intent to tear, spoil, 
cut, burn, or deface, and shall tear, spoil, cut, burn, or deface the 
garments or clothes of such person ; and is a misdemeanor. 

§102. (§102.) Battery and punishment. Battery is the unlawful 
beating of another, and is a misdemeanor. 

§103. (§103.) Opprobrious words may be proved in defense. On 

the trial of an indictment for an assault, or an assault and battery, 
the defendant may give in evidence to the jury any opprobrious 
words, or abusive language, used by the prosecutor, or person as- 
saulted or beaten ; and such words and language may or may not 
amount to a justification, according to the nature and extent of 
the battery, all of which shall be determined by the jury. 

^J^ts^i857, §104. (§104.) Whipping wife. If a man shall whip, beat, or 

no3'^'(4) ^^^' otherwise cruelly maltreat his wife, he shall be guilty of a misde- 
meanor. On such trials the wife shall be a competent witness. 

§105. (§105.) Punishing convicts without authority. If any per- 
son, other than the one appointed in pursuance of law, for the pur- 
pose, shall inflict punishment upon a convict for a violation of the 
rules prescribed for their government, he shall be punished by im- 
prisonment in the penitentiary for not less than six months nor 
exceeding two years. 



Cobb, 788. 



Cobb, 841. 
§65. 



Acts 1880-1, 
p. 107. 



21 FOURTH DIVISION.— ARTICLES 6, 7. §§106-112 



False imprisonment. Kidnapping, and industrial home cHildren. 

ARTICLE 6. . 

False Imprisonment. 

§106. (§106.) False imprisonment. False imprisonment is a vio-^°^^' '^^^• 
lation of the personal liberty of a person, and consists in confine- 
ment or detention of such person without sufficient legal authority. 

§107. (§107.) Punishment. Any person who arrests, confines, or^^JJ' '^^^• 
detains a person without process, warrant, or legal authority to 
justify it, is guilty of a misdemeanor. 

§108. (§108.) When under color of legal process. The arrest, ^^^g-^sgl 
confinement, or detention of a person by the warrant, mandate, or p- ^^• 
process of a magistrate, being manifestly illegal, and showing malice 
and oppression, the magistrate shall be removed from office ; and 
he, and every person knowingly and maliciously concerned therein, 
shall be punished by imprisonment and labor in the penitentiary 
for not less than one nor more than two years. 



ARTICLE 7. 

Kidnapping, and Industrial Home Children. 

§109. (§109.) Kidnapping. Every person who forcibly abducts cobb, tss. 
or steals away any person, without lawful authority or warrant, 
from this State or any county thereof, and sends or conveys such 
person beyond the limits of the State or a county thereof against 
his will, is guilty of kidnapping. 

§110. (§110.) Inveigling children. Any person who forcibly, ma- ^^^^' ^'^^^^•^ 
liciously, or fraudulently leads, takes, or carries away, or decoys or-^Pg^^^- 
entices away, any child under the age of eighteen years from its ^p- '^^' '^^■ 
parent or guardian, or against his will, or without his consent, is 
guilty of kidnapping. 

§111. (§111.) Punishment. Kidnapping is punishable by impris-J^^^'j^^l^-.^^ 
onment and labor in the penitentiary for not less than four nor pp- '^'^' '^^• 
more than seven years. 

§112. Enticing children from Industrial Home. Any person who^p^*^3^^^^' 
shall decoy, entice, or cause an inmate of the Georgia Industrial §,?^T^' ^^^^ 
Home, or any other child-saving institution of this State, to abscond §§2862, 2863. 
or leave without permission the custody and care of such institu- 
tion shall be guilty of a misdemeanor. 



§§113-116 



FOURTH DIVISION.— ARTICLES 8, 9, 10. 



22 



stabbing. Shooting at another. Abandonment of child. 



Acts 1904, 

p. 93, 
§897. 
Civil Code, 

§§2862, 2863. 



§113. Harboring absconding child. Any person who shall har- 
bor, entertain, and encourage any child who has absconded or run 
away from the Georgia Industrial Home, or any other child-saving 
institution in this State, knowing such child to be an inmate of 
such institution, shall be guilty of a misdemeanor. 



Cobb, 789. 
Acts 1865-6, 
p. 233. 
§97. 



ARTICLE 8. 

Stabbing. 

§114. (§112.) Stabbing, punishment. Any person who shall be 
guilty of the act of stabbing another, except in his own defense or 
other circumstances of justification, with a sword, dirk, or knife, or 
other instrument of the like kind, shall be punished as for a mis- 
demeanor : Provided, that if such stabbing shall produce death, the 
offender shall be guilty of murder, or manslaughter, according to 
the facts and circumstances of the case ; or if such stabbing shall 
not produce death, and the facts and circumstances show that it was 
the intention of the person stabbing to commit murder, the offender 
shall be guilty of an assault with intent to murder. 



Acts 1855-6, 

p. 265. 
1878-9, p. 63. 
1895, p. 63. 



ARTICLE 9. 

Shooting at Another. 

§115. (§113.) Shooting at another. Any person who shall be 
guilty of the offense of shooting at another, except in his own de- 
fense or under circumstances of justification, according to the prin- 
ciples of this Code, with a gun, pistol, or other instrument of the 
like kind, shall be punished by confinement in the penitentiary not 
less than one nor more than four years. 



ARTICLE 10. 
Abandonment of Child. 

§116. (§114.) Abandonment of child. If any father shall willfully 

p. XOJ.. 

1878-9, pp. 66, and voluntarily abandon his child, leaving it in a dependent condi- 
tion, he shall be guilty of a misdemeanor. The wife shall be a com- 
petent witness, in such cases, to testify for or against her husband. 



Acts 1866, 
p. 151 



1907, p. 57 
§1037 (4). 



23 FOURTH DIVISION.— ARTICLES 11, 12. §§117-119 

Criminal negligence. Blackmail and threatening letters. 

A child thus abandoned by the father shall be considered to be in 
a dependent condition when the father does not furnish sufficient 
food and clothing for the needs of the child. 



ARTICLE 11. 

Criminal Negligence. 

§117. (§115.) Criminal negligence. If any person employed in'^p^iiJf'^^' 
any capacity, by any railroad company doing business in this State,Jj3i; 40.^* 
shall, in the course of such employment, be guilty of negligence, 
either by omission of duty or by any act of commission, in relation 
to the matters intrusted to him, or about which he is employed, from 
which negligence serious bodily injury, but not death, occurs to an- 
other, he shall be guilty of criminal negligence, and shall be pun- 
ished by confinement in the penitentiary not less than one nor more 
than two years, in the discretion of the court. 



ARTICLE 12. 

Blackmail and Threatening Letters. 

§118. (§116.) Blackmail defined. If any person shall, verbally, Acts issi, 
or by printing or writing, accuse another of a crime or offense, or ex-isss, p. 46. 
pose or publish any of his or her personal or business acts, infirmi- 
ties, failings, or compel any person to do any act, or to refrain from 
doing any lawful act, against his will, with intent to extort money 
or other thing of value from any person, or if any person shall at- 
tempt or threaten to do any of the acts above enumerated, with the 
intent to extort money or other thing of value, such person shall be 
guilty of blackmail, and shall be punished as for a misdemeanor: 
Provided, that no court in this State shall have jurisdiction to in- 
quire into any case under this section before presentment made, or 
indictment found, by the grand jury of the county in which the 
offense has been committed. 

§119. (§117.) Threatening letters. If any person shall knowingly ^^t« gig^ie^ 
send or deliver any letter or writing, threatening to accuse another 
of a crime, with intent to extort money, goods, chattels, or other 
valuable thing, or threatening to maim, wound, kill, or murder such 
person or any of his family, or to burn or otherwise destroy or injure 
his house, or other property real or personal, though no money. 



§§120-123 



FOURTH DIVISION.— ARTICLES 13, 14. 



24 



Conspiracy. Interfering with apprentices, servants, croppers, etc. 

goods, chattels, or other valuable thing be demanded, he shall be 
punished by imprisonment and labor in the penitentiary for any 
time not less than two years nor longer than five years. 



Cobb, 808. 
§58. 



ARTICLE 13. 

Conspiracy. 

§120. (§118.) Conspiracy. If any two or more persons shall con- 
spire or agree, falsely and maliciously, to charge and indict any in- 
nocent person of a crime, who is accordingly indicted and acquitted, 
such persons so conspiring shall be punished by imprisonment and 
labor in the penitentiary for not less than twelve months nor longer 
than five years. 



Arts 1862-3, 
p. 173. 



ARTICLE 14. 

Interfering with Apprentices, Servants, Croppers, Farm Laborers, 

and Employees. 

§121. (§119.) Enticing away apprentices. If any two or more per- 
sons shall associate themselves together in any society or organiza- 
tion with intent and for the purpose of preventing, in any manner, 
any person from apprenticing himself to learn and practice any 
trade, craft, vocation, or calling, or for the purpose of inducing, by 
persuasion, threats, fraud, or any other means, any apprentice or 
apprentices to any such trade, craft, vocation, or calling to leave' the 
employment of their employer, or for the purpose, by any means, of 
preventing or deterring any person from learning and practicing 
any such trade, craft, vocation, or calling, every such person so asso- 
ciating himself in such society or organization shall be guilty of a 
misdemeanor. 

§122. (§120.) Evidence on trial. Upon the trial of any person un- 
der the preceding section, any person may be made a witness; and 
no statements made by him, on such trial, shall be given in evidence 
against him, except upon an indictment for perjury. 

Acts 1866, ^_^ §123. (§121.) Employing servant, cropper, or farm laborer of 

1873, p. 20. another. When the servant, cropper, or farm laborer of another is 

1882-0, 

pp. 57, 60. under written contract attested by one or more witnesses, if any per- 
son shall employ such servant, cropper, or farm laborer during the 



Acts 1862-3, 
p. 173. 



25 FOURTH DIVISION.— ARTICLE 15. §§124-129 



Interference with employees. 



term for which he is employed, knowing that he is so employed, and 
that the term of service has not expired, such person so offending 
shall be guilty of a misdemeanor. 

§124. Tenants, employees, and croppers, employment of. 'Who-^^%^'^^^^' 
ever shall violate section 3713 of the Civil Code, on the subject of ■^^^^' ^- ^^• 
the employment of tenants, employees, and croppers, shall, on the 
terms prescribed in the Civil Code, be guilty of a misdemeanor. 

§125. (§122.) Enticing, and attempting to entice away, a servant, ^p^'^f^lfg^^i^^ 
cropper, or farm laborer. If any person shall, by offering higherj882:3^' ^^' 
wages or in any other way, entice, persuade, or decoy, or attempt to pp- ^'^' ^^• 
entice, persuade, or decoy any servant, cropper, or farm laborer, 
whether under a written or parol contract, after he shall have act- 
ually entered the service of his employer, to leave his employer 
during the term of service, knowing that said servant, cropper, or 
farm laborer was so employed, he shall be guilty of a misdemeanor. 



ARTICLE 15. 
Interference with Employees. 

§126. (§123.) Unlawfully preventing laborers, etc. If any person'^<^t|^i887, 
or persons, by threats, violence, intimidation, or other unlawful 
means, shall prevent or attempt to prevent any person or persons 
in this State from engaging in, remaining in, or performing the 
business, labor, or duties of any lawful employment or occupation, 
such offender or offenders shall be guilty of a misdemeanor. 

§127. (§124.) Conspiring or attempting to prevent. If any person^p^^^^j^^^"^' 
or persons, singly or together, or in combination, shall conspire to 
prevent or attempt to prevent any person or persons, by threats, 
violence, or intimidation, from engaging in, remaining in, or per- 
forming the business, labor, or duties of any lawful employment or 
occupation, such offender or offenders shall be guilty of a misde- 
meanor. 

§128. (§125.) Hindering person who desires to labor, etc. If any^p^*^^^^^^' 
person or persons, singly or by conspiring together, shall hinder any 
person or persons who desire to labor from so doing, or hinder any 
person, by threats, violence, or intimidation, from being employed as 
laborer or employee, such offender shall be guilty of a misdemeanor. 

§129. (§126.) Hindering owner from working property or hiring ^p^^^Q^^^*^' 
laborers. If any person or persons, by threats, violence, intimida- 



§§130,131 



FOURTH DIVISION.— ARTICLES 16, 17. 



26 



Elmployers must provide seats for females. Transferring claim to defeat exemption of wages, etc. 

tion, or other unlawful means, shall hinder the owner, manager, or 
proprietor for the time being from controlling, using, operating, or 
working any property in any lawful occupation, or shall by such 
means hinder such person from hiring or employing laborers or 
employees, such offender or offenders shall be guilty of a misde- 
meanor. 



Acts 1889, 

p. 167. 
1895, p. 63. 



ARTICLE 16. 

Employers Must Provide Seats for Females. 

§130. (§127.) Employers of females must provide seats. All per- 
sons and corporations employing females in manufacturing, me- 
chanical, or mercantile establishments must provide suitable seats, 
and permit their use by such females when not necessarily engaged 
in the active duties for which they were employed. Any person who 
shall fail to comply with the requirements of this section, and the 
officers of any corporation which shall fail to comply with said re- 
quirements, shall be guilty of a misdemeanor. 



Acts 1898, 
p. 90. 



ARTICLE 17. 
Transferring Claim to Defeat Exemption of Wages from Garnish- 
ment. 

§131. When creditor shall not transfer claim. Whoever shall vio- 
late section 5299 of the Civil Code, relative to transferring claims 
to parties without the State, shall be guilty of a misdemeanor, and 
shall be punished by a fine of not less than ten dollars and not ex- 
ceeding fifty dollars for each account or claim so unlawfully trans- 
ferred, or assigned, or sent out of this State as aforesaid. 



27 FIFTH DIVISION.— ARTICLE 1. §§132-137 

Arson. 

FIFl H DIVISION. 

Crimes Against the Habitations or Persons. 



ARTICLE 1. 
Arson. 



§132. (§135.) Crimes against habitations. Crimes against the hab-^''^^' '^^^• 
itations of individuals shall consist of: 1. Arson. 2. Burglary. 

§133. (§136.) Arson. Arson is the malicious and willful burning^^^J; '^^^• 
of the house or outhouse of another. 

§134. (§137.) Punishment of arson in a city, town, or village. "^p^l^^^^^* 
The willful and malicious burning, or setting fire to or attempting^^^^'^*^^^- 
to burn a house in a city, town, or village, whether the house be the^l^g^^^- g^ 
property of the perpetrator or of another, shall be punished by im-§§^^^' ^^^' 
prisonment and labor in the penitentiary for not less than five nor 
more than twenty years: Provided, the arson shall not produce 
the death or maiming of any person. But if the arson shall pro- 
duce the death or maiming of any person, the punishment shall 
be death, in conformity with the provisions of section 63 of this 
Code. 

§135. (§138.) Burning occupied dwelling on farm. The willful J'^^t^'/gls.e. 
and malicious burning of an occupied dwelling-house of another on^P^^^^- g^ 
a farm or plantation, or elsewhere, shall be punished by imprison- §|^^^' i*^* 
ment and labor in the penitentiary for not less than five or more than 
twenty years : Provided, the arson shall not produce the death or 
maiming of any person. But if the arson shall produce the death 
or maiming of any person, the punishment shall be death, in con- 
formity with the provisions of section 63 of this Code. 

§136. (§139.) Burning unoccupied dwelling. The willful and^p'.V^^^' 
malicious burning of an unoccupied dwelling-house of another, on^^^^- 
a farm or plantation, or elsewhere, not in a city, shall be punished 
by imprisonment and labor in the penitentiary for not less than five 
nor longer than twenty years. 

§137. (§140.) Attempt to burn dwelling-house not in a city. Set-^^^^^; '^^^^ 
ting fire to the dwelling-house of another, with intent to burn the 
same, on a farm or plantation, or elsewhere, not in a city, town, or 



^S 138-145 



FIFTH DIVISION.— ARTICLE 1. 



28 



Arson. 



village, shall be punished by imprisonment and labor in the peniten- 
tiary for not less than three years nor longer than seven years. 



Cobb, 790. 
Acts 1878-9, 

pp. 61, 62. 
§§140, 143. 



Cobb, 790. 



Cobb, 790. 
§§133, 134. 



Cobb, 790. 
§§137, 134. 



Acts 1861, 
p. 69. 



Cobb, 790. 
§§135, 136, 

138. 



Cobb, 790. 
Acts 1866, 
p. 150. 
§§134, 135. 



Acts 1887, 
p. 61. 



§138. (§141.) Burning outhouse not in a city. The v^illful and 
malicious burning of an outhouse of another, such as a barn, stable, 
gin-house, or any other house, except the dwelling-house, on a farm 
or plantation, or elsev^here, not in a city, town, or village, shall be 
punished by imprisonment and labor in the penitentiary for not 
less than two years nor more than seven years. 

§139. (§142.) Setting fire to an outhouse, punishment. Setting 
fire to an outhouse of another, as described in the preceding section, 
shall be punished by imprisonment and labor in the penitentiary for 
not less than one year nor more than three years. 

§140. (§143.) Burning defined. The crime of burning shall be 
complete where the house is consumed or generally injured. 

§141. (§144.) Setting fire defined. The offense of setting fire to a 
house shall be complete when any attempt is made to burn it, though 
no material injury is the consequence. 

§142. (§145.) Burning railroad bridge. The willful or malicious 
burning, or attempt to burn, any railroad bridge within this State 
shall be deemed and adjudged arson, and shall be punished with 
death ; but the punishment may be commuted in conformity with 
section 63 of this Code. 

§143. (§146.) Arson in the day and night-time. Arson in the day- 
time (except in a city, town, or village) shall be punished by a 
shorter period of imprisonment and labor than arson committed in 
the night. 

§144. (§147.) Arson causing death, punishment. Arson which 
produces the death of any person shall be punished by the death of 
the person committing the arson, but the punishment may be com- 
muted in conformity with the provisions of section 63 of this Code. 

§145. (§148.) Burning by person in possession of house. The fact 
that the person burning or attempting to burn the house or outhouse 
of another may be himself the occupant of such house, or in posses- 
sion of such* outhouse, shall make the offense none the less arson or 
an attempt to commit arson, respectively : Provided, such occu- 
pancy or possession is as tenant of the owner, or as an intruder. 



29 FIFTH DIVISION.— ARTICLE 2. §§146, 147 



Burglary. 



ARTICLE 2. 

Burglary. 

§146. (§149.) Burglary defined. Burglary is the breaking and^'jlj^'/g^g^g^ 
entering into the dwelling, mansion, or storehouse, or other place of Ǥi76'^*i77^^^" 
business of another, where valuable goods, wares, produce, or any ^'''^> ^^^• 
other article of value are contained or stored, with intent to commit 
a felony or larceny. All outhouses contiguous to or within the cur- 
tilage or protection of the mansion or dwelling-house shall be con- 
sidered as parts of the same. A hired room or apartment in a pub- 
lic tavern, inn, or boarding-house shall be considered as the dwell- 
ing-house of the person occupying or hiring the same. 



§147. (§150.) Punishment. Burglary shall be punished by im-^^^^^' ^'^^^• 
prisonment in the penitentiary for not less than one year nor longer p- ^^• 
than twenty years. 



78-9, 



§§148-152 



SIXTH DIVISION.— ARTICLES 1, 2. 



30 



Robbery. Larceny. 



SIXTH DIVISION. 

Crimes Relative to Property. 



Acts 1903, 

p. 43. 
Cobb, 791. 
I §149, 150, 

174, 172, 99. 



ARTICLE 1. 

Robbery. 

§148. (§151.) Definition. Robbery is the wrongful, fraudulent, 
and violent taking of money, goods, or chattels from the person of 
another by force or intimidation, without the consent of the owner, 
or the sudden snatching, taking, or carrying away any money, goods, 
chattels, or anything of value from the owner or person in possession 
or control thereof, without the consent of the owner or person in 
possession or control thereof. 

w^'-.I?«' §149. (§152.) By open force, punishment. Robbery by open force 

pp. 98, 99. or violence shall be punished by imprisonment and labor in the 

§148. 

penitentiary for not less than four years nor longer than twenty 
years. 

^cts' 1890-1 ^^^^- (§153.) By intimidation, punishment. Robbery by intimi- 

p-|3- dation, or without using force and violence, shall be punished by im- 

prisonment and labor in the penitentiary for not less than two 
years nor longer than twenty years. 



Cobb, 791. 



Cobb, 791. 
§§167, 171. 



ARTICLE 2. 

Larceny. 

§151. (§154.) The several kinds of larceny. Larceny, or theft, as 
contradistinguished from robbery by violence, force, or intimidation, 
shall consist of: 1. Simple theft or larceny. 2. Theft or larceny 
from the person. 3. Theft or larceny from the house. 4. Theft or 
larceny after a trust or confidence has been delegated or reposed. 

§152. (§155.) Simple larceny. Simple theft, or larceny, is the 
wrongful and fraudulent taking and carrying away, by any person, 
of the personal goods of another, with intent to steal the same. The 
thief may be indicted in any county in which he may carry the goods 
stolen. 



31 SIXTH DIVISION.— ARTICJjE 2. §§153-162 

Larceny. 

§153. (§156.) Horse-stealing. Horse-stealing shall be denominated^^JJ; '^^^• 
simple larceny; and the term ''horse" shall include mule and ass, 
and each animal of both sexes, and without regard to the altera- 
tions which may be made by artificial means. 

§154. (§157.) How charged and described. The offense shall, in^^^^- '^^^• 
all cases, be charged as simple larceny, but the indictment shall 
designate the nature, character, and sex of the animal, and give some 
other description by which its identity may be ascertained. 

§155. (§158.) Punishment. The stealing of a horse shall be pun-^^^^.^^^;; 
ished by confinement and labor in the penitentiary for not less thangP^g^,' 154. 
four years nor longer than twenty years. 

§156. (§159.) Cattle-Stealing. Cattle-stealing shall be denomi-^"''^' '^^^^ 
nated simple larceny, and be so charged in the indictment, and 
shall include the theft of any horned animal, and all animals having 
the hoof cloven, except hogs. 

§157. (§160.) Indictment. The indictment shall sufficiently de-^«^^' '^^^' 
scribe the animal falling under the description of cattle in the pre- 
ceding section, so that it may be ascertained and identified by the 
owner. 

§158. (§161.) Punishment. The stealing of one or more animals Acts 'iseb, 
falling under the above description of cattle shall be punished byig^^p. e^. 
imprisonment in the penitentiary not less than two nor longer than 
four years. 

§159. (§162.) Hog-stealing. The stealing of a hog is simple lar-^"^^' '^^^■ 
ceny, and shall be so charged in the indictment, and the hog so 
described that it may be identified by the owner. 

§160. (§163.) Punishment. The punishment of hog-stealing shall^cts' 1I75, 
be as prescribed in section 158 for the offense of cattle-stealing. ^' ^^' 

§161. (§164.) Other animals. All other domestic animals which^""^^' '^^-• 
are fit for food, and also a dog, may be subjects of simple larceny; 
and any person who shall steal any such animal shall be guilty of a 
misdemeanor. 

§162. (§165.) Altering brands or marks. If any person shall mark^°^^' '^^-• 
and brand, or mark or brand, any animal before mentioned, or alter 
or change the mark or brand of any such animal, being the property 
of another, with an intention to claim or appropriate the same to 
his own use, or to prevent identification by the true owner thereof, 
he shall suffer the same punishment as is inflicted for the theft of 
said animal. 



§§163-168 



SIXTH DIVISION.— ARTICLE 2. 



32 



Larceny. 



Cobb, 792, 793. §163. (§166.) Larceny of deeds or papers, and punishment. If 
any person shall take and carry away any paper, document, deed, 
will, or other writing relating to real or personal estate, with an 
intention to impair, prevent, or render difficult the establishment of 
a title to real or personal estate, or mutilate, cancel, burn, or other- 
wise destroy said paper, document, deed, will, or other writing, with 
the intention aforesaid, he shall be guilty of simple larceny, and be 
punished by imprisonment and labor in the penitentiary for not less 
than one year nor longer than three years. 



Cobb, 793. 
Acts 1S90-1, 
p. 84. 



Acts 1893, 
p. 133. 



§164. (§167.) Larceny of bonds, etc. If any person shall take and 
carry away any bond, note, bank-bill, due-bill, or paper or papers 
securing the payment of money or other valuable thing, or any re- 
ceipt, acquittance, or paper or papers operating as a discharge for 
the payment of money or other things, belonging to another, Avith 
intent to steal the same, he shall be guilty of simple larceny, and 
be punished by imprisonment and labor in the penitentiary for not 
less than one year, nor longer than four years, when the property is 
of the value of fifty dollars or more ; and when the property stolen 
is under the value of fifty dollars, he shall be guilty of a mis- 
demeanor. 

§165. (§168.) Larceny of election returns. Any person who shall 
take, carry away, or destroy any election returns or paper connected 
with the holding of elections in this State, with intent to steal the 
same or to prevent a proper return of such election, shall be guilty 
of a misdemeanor. 



§166. (§169.) Things savoring of the realty, and fixtures. Theft 

the langi 
and the punish- 



Cobb, 793. 

Acts 1865-6, , _ -Tf. -, • i-i-ni r» 

p. 233. or larceny may be committed oi anything which, m the language oi 



1152. 



Cobb, 807, 808, 
§47. 



the law, savors of the realty, or of any fixture 
ment shall be as for a misdemeanor. 

§167. (§170.) Detached becomes personalty. Anything detached 
from the realty becomes personalty instantly on being so detached, 
and may be the subject-matter of larceny, even by the person wrong- 
fully detaching it. 

§168. (§171.) Receiving stolen goods. If any person shall buy or 
receive any goods, chattels, money, or other effects that shall have 
been stolen or feloniously taken from another, knowing the same to 
be stolen or feloniously taken, such person shall be an accessory 
after the fact, and shall receive the same punishment as would be 
inflicted on the person convicted of having stolen or feloniously 
taken the property. 



33 SIXTH DIVISION.— ARTICLE 2. §§169-175 



Larceny. 



§169. (§172.) If principal can not be taken. If the principal thief^^^'^' s^^- 
can not be taken, so as to be prosecuted and convicted, the person 
buying or receiving any goods, chattels, money, or effects stolen or 
feloniously taken by such principal thief, knowing the same to be 
stolen or feloniously taken, shall be punished as prescribed in the 
preceding section; and a conviction under this section shall be a bar 
to any prosecution under the preceding section. 

§170. (§173.) Plundering or stealing from wrecked vessels. Plun- J^^^' -^'g,Q_j 
dering or stealing any article of value from a vessel in distress, or p* ^^• 
from a wreck, or any other vessel, boat, or water-craft, within the 
jurisdictional limits of this State, is simple larceny, and shall be 
punished as a misdemeanor when any article so taken is under fifty 
dollars in value ; and when of more than the value of fifty dollars, 
by imprisonment and labor in the penitentiary for not less than 
one year nor longer than five. 

§171. (§174.) Other larcenies. All simple larcenies of the per- 
sonal goods of another, not mentioned or particularly designated in 
this Code, shall be punished as misdemeanors. 

§172. (§175.) Larceny from the person defined. Theft or larceny cobb, 794. 
from the person, as distinguished from robbery, is the wrongful and 
fraudulent taking of money, goods, chattels, or effects, or any article 
of value, from the person of another, privately, without his knowl- 
edge, in any place whatever, with intent to steal the same. 

§173. (§176.) Punishment. The punishment for larceny from the ^^^^^'^"g^^^-g 
person shall be as for a misdemeanor, except in those cases where p- ^^• 
the money, or thing stolen, exceeds in value fifty dollars ; then the 
punishment shall be imprisonment in the penitentiary for not less 
than two years nor more than five years. 

§174. (§177.) What secret, sudden taking shall be larceny. Anyg%^' '^^^• 
sort of secret, sudden, or wrongful taking from the person with the 
intent to steal, without using intimidation, or open force and vio- 
lence, shall be within this class of larceny, though some small force 
be used by the thief to possess himself of the property: Provided, 
there be no resistance by the owner, or injury to his person, and all 
the circumstances of the case show that the thing was taken not so 
much against as without the consent of the owner. 

§175. (§178.) Larceny from the house. Larceny from the house^^^^' '^^^• 
is the breaking or entering any house with the intent to steal, or, 
after breaking or entering said house, stealing therefrom anything 
of value. 



H176-183 



SIXTH DIVISION.— ARTICLE 2. 



34 



Larceny. 



Cobb, 794. 



Cobb, 794. 
Acts 1865-6, 
p. 233. 
§146. 



Cobb, 795. 
§146. 



Cobb, 795, 
§146. 



Cobb, 795. 



Acts 1882-3, 
p. 132. 



Cobb, 795. 
Acts 1862-3, 
p. 139. 



Acts 1880-1, 
p. 150. 



§176. (§179.) Punishment. Any person who shall, in any dwell- 
ing-house, store, shop, warehouse, or any other building, privately 
steal any money, or any other thing, under the value of fifty dollars, 
shall be punished as for a misdemeanor ; if the value of the money or 
thing thus stolen be fifty dollars or more, he shall be punished by 
imprisonment and labor in the penitentiary for not less than one nor 
longer than ten years. 

§177. (§180.) Punishment for entering house with intent to steal. 

Any person entering a dwelling-house, store, shop, or warehouse, or 
any other house or building, with intent to steal, but who is detected 
and prevented from so doing, shall be guilty of a misdemeanor. 

§178. (§181.) Breaking with such intent. Any person breaking 
any dwelling-house, store, shop, or warehouse, or any other house or 
building, with intent to steal, but who is detected and prevented 
from effecting such intention, shall be guilty of a misdemeanor. 

§179. (§182.) Breaking and entering and stealing. Any person 
breaking and entering any house or building (other than a dwell- 
ing-house or its appurtenances) with intent to steal, but who is de- 
tected and prevented from carrying such intention into effect, and 
any person breaking or entering any such house or building, and 
stealing therefrom any money, goods, chattels, wares, or merchan- 
dise, or any other thing or article of value, shall be guilty of a misde- 
meanor. 

§180. (§183.) Public buildings included. Any house, building, or 
edifice belonging to the State or a corporate body, or appropriated 
to public worship or any other public purpose, shall be taken and 
considered as a house or building within which this class of larceny 
may be committed. 

§181. (§184.) Breaking and entering car with intent to steal, or 
stealing therefrom. Any person who shall break and enter any rail- 
road-car with intent to steal any goods, wares, freight, or other thing 
of value being therein, or who shall, after breaking, steal therefrom 
any goods, freight, or other thing of value being therein, shall be 
punished by confinement in the penitentiary for not less than one 
nor more than five years. 

§182. (§185.) Entering and stealing from hut, car, etc. Any per- 
son entering and stealing from any hut, railroad-car, tent, booth, or 
temporary building shall be guilty of a misdemeanor. 

§183. (§186.) Stealing baled cotton. If any person shall take, 
steal, and carry away a bale of cotton from any place where the 



35 SIXTH DIVISION.— ARTICLE 3. §§184-187 

Embezzlement and fraudulent conversions. 

same may be stored, whether the same shall be in a house, or within 
the curtilage, or not, such person shall be punished by imprison- 
ment in the penitentiary not less than one year and not longer than 
five years. 



ARTICLE 3. 

Embezzlement and Fraudulent Conversions. 

§184. (§187.) Embezzlement by public officers, agents, etc. Any^^^^> ^^^ 
officer, servant, or other person employed in any public department, 
station, or office of government of this State, or any county, town, or 
city thereof, who shall embezzle, steal, secrete, or fraudulently take 
and carry away any money, paper, book, or other property or effects, 
shall be punished by imprisonment and labor in the penitentiary for 
not less than two years nor longer than seven years. 

§185. Embezzlement of pension money. If any of the persons Gon-^^^\^^^^''' 
nected with the payment of the pensions shall in any way, at ^wililot 1565 
time, use or divert any part of said money for any purpose other i^^^- 
than to pay the same properly to the pensioner or the persons en- 
titled thereto for him, such person so offending shall be guilty of 
embezzlement and punished accordingly. 

§186. (§188.) Embezzlement by bank or other corporate officers,^"^*' "^^^^ 
servants, or stockholders. Any officer, servant, or other person em- 
ployed in any department, station, or office in any bank or other 
corporate body in this State, or any president, director, or stock- 
holder of any bank or other corporate body in this State, who shall 
embezzle, steal, secrete, or fraudulently take and carry away any 
money, paper, book, or other property or effects, shall be punished 
by imprisonment and labor in the penitentiary for not less than two 
years nor longer than seven years. 

§187. (§189.) Embezzlement of county money. Any county treas-^^^^' j^g||- 
urer of any county in this State, who shall divert, misapply, embez- p- ^^• 
zle, or conceal any money belonging to the county of which he is such 
county treasurer, with intent to appropriate the same to his own use, 
shall be punished by imprisonment in the penitentiary for not less 
than two nor longer than twenty years, and shall moreover be 
removed from office. On the trial of such defendant, proof of his 
having failed or refused to make an exhibit to the grand jury of 
the county of which he is such treasurer, at the superior court first 
held in each year in said county (unless prevented by providential 
cause), a full and complete statement of the county's funds, as 



§§188-191 



SIXTH DIVISION.— ARTICLE 3. 



36 



Acts 1889, 
p. 101). 



Cobb, 795. 



Cobb, 796. 



Cobb, 79G, 



Embezzlement and fraudulent conversions. 



required by law, received by him during the preceding year, shall be 
deemed prima facie evidence of guilt, and throw the burden of proof 
on him. The prosecuting officer shall not be required to identify 
the money, coin, or bank-bills, or other property misapplied, embez- 
zled, or concealed, but an allegation that any sum of money or 
evidence of debt has been received by the defendant belonging to the 
county, and that he fails or refuses to account for the same, if 
proved, shall authorize a conviction, unless the defendant shall set 
up and sustain a valid and legal defense to the charge. 



§188. (§190.) Penalty for trustee who converts to his own use as- 
sets of an estate. If any executor, administrator, guardian, or trus- 
tee shall fraudulently and willfully convert to his own use any 
money, or any other thing of value, Avhich may come into his hands 
as such executor, administrator, guardian, or trustee, or shall, in a 
like manner, convert to his own use the proceeds of the whole or any 
part thereof, and to the injury of those entitled to the same, or the 
proceeds thereof, and without paying to the person entitled thereto, 
on demand legally made in writing, the full value or market price 
thereof, he shall be deemed guilty of embezzlement, and shall be 
punished by imprisonment and labor in the penitentiary for not 
less than two nor longer than seven years. 

§189. (§191.) Any bailee fraudulently converting the goods or 
proceeds. If any factor, commission merchant, warehouse-keeper, 
wharfinger, wagoner, stage-driver, or common carrier on land or 
water, or any other bailee, with whom any money or any other thing 
of value may be intrusted or deposited, shall fraudulently convert 
the same, or any part thereof, to his own use, or shall otherwise 
dispose of the same, or any part thereof, without the consent of the 
owner or bailor, and to his injury, and without paying to such 
owner or bailor, on demand, the full value or market price thereof, 
he shall be punished by imprisonment and labor in the penitentiary 
for not less than two years nor longer than seven years. 

§190. (§192.) Conversion of proceeds of sale. If any bailee, with 
whom any money or other thing of value may be intrusted or de- 
posited, shall, after a sale of any of said articles with the consent 
of the owner or bailor, fraudulently, and without the consent of the 
owner or bailor, convert the proceeds or any part thereof to his own 
use, and fail or refuse to pay the same over to such owner or bailor 
on demand, he shall be punished by imprisonment and labor in the 
penitentiary for not less than two years nor longer than seven years. 

§191. (§193.) Clerks, agents, etc., fraudulently taking and con- 
verting goods intrusted to them. If any person employed in any ca- 



37 SIXTH DIVISION.— ARTICLE 3. §§192-194 

Embezzlement and fraudulent conversions, 

pacity in any store, or other place of trade or exchange, where, from 
the nature of the business or employment, it is necessary or usual 
to intrust to such person any goods or any other article of value, 
shall fraudulently take and carry away, or convert to his own use, 
or otherwise dispose of any of the said goods, or other thing of 
value, thus intrusted to him or committed to his charge, to the 
injury and without the consent of the owner thereof, or person thus 
intrusting him, he shall be punished by imprisonment and labor 
in the penitentiary for not less than one year nor longer than five 
years. 

§192. (§194.) Any other person so offending. If any person who^^^^^'-^ggg; 
has been intrusted by another with any money, note, bill of ex- ^- -^'■^• 
change, bond, check, draft, order for the payment of money, cotton 
or other produce, or any other article or thing of value, for the pur- 
pose of applying the same for the use. or benefit of the owner or 
person delivering it, shall fraudulently convert the same to his own 
use, he shall be punished by imprisonment and labor in the peniten- 
tiary for not less than one year nor longer than five years. 

§193. (§195.) Conversion when intrusted for collection. If any^^*"^- '^^^• 
person who has been intrusted by another Avith any note, bill of ex- 
change, bond, check, draft, or order for the payment of money, for 
the purpose of collecting money or other thing due thereon and 
paying the proceeds over to the owner or other person so delivering 
the same, shall fraudulently convert the same or the proceeds of 
any part thereof to his own use, or shall otherwise dispose of the 
same, to the injury and without the consent of the owner or other 
person intrusting or delivering it, and without paying to such owner 
or person the full value or market price thereof, he shall be pun- 
ished by imprisonment and labor in the penitentiary for not less 
than one year nor longer than five years. ^ 

§194. (§196.) Conversion when intrusted for selling. If any per-^^^''' '^^^■^^^• 
son who has been intrusted by another with any cotton or other pro- 
duce, or any goods, animal, or other article. of value, for the purpose 
of selling the same and paying the proceeds of such sale to the 
owner or other person so intrusting or delivering the article, shall 
fraudulently convert the same, or any part thereof, or the proceeds 
of any part thereof, to his own use, or shall otherwise dispose of the 
same to the injury and without the consent of the owner or other 
person so intrusting or delivering it, and without paying to such 
owner or person the full value or market price thereof, he shall be 
punished by imprisonment and labor in the penitentiary for not less 
than one year nor longer than five years. 



§§195-199 



SIXTH DIVISION.— ARTICLE 4. 



38 



The State's property or money. 



Acts 1871-2, 
p. 72. 



Const., 

Art. 5, sec. 

2, par. 5. 
Acts 1878-9, 

p. 32. 



Acts 1878-9, 
p. 32. 



Const., 

Art. 7. sec. 

9, par. 1. 
Acts 1878-9, 

p. 33. 



Acts 1878-9, 

pp. 88, 89. 
1895, p. 22. 



ARTICLE 4. 
The State's Property or Money. 

§195. (§197.) Withholding the State's money or property. If any 

person shall fraudulently, wrongfully, or illegally receive any money 
or personal property belonging to the State of Georgia, and shall 
refuse to pay over said money or deliver up said personal property 
to the treasurer of the State, or his authorized agent, upon a de- 
mand of the same by such treasurer or his agent ; or if any per- 
son shall lawfully receive money or personal property belonging to 
the State of Georgia, as an officer of said State or otherwise, and 
shall, after demand upon him by said treasurer or authorized agent, 
fail to pay said money or deliver said personal property to said 
treasurer or his authorized agent, the same being still the property 
of the State, within ten days after such demand, he shall be pun- 
ished by confinement and labor in the penitentiary not less than 
one nor more than two years. 

§196. (§198.) Penalty for using State money. If the State treas- 
urer, or any other officer of this State, shall use, directly or indi- 
rectly, the money of this State, he shall be punished by imprison- 
ment in the penitentiary for not less than five nor longer than 
twenty years. 

§197. (§199.) Receiving interest on public money prohibited. If 

the State treasurer, or any other officer of the State or county, or 
any other person shall receive, or agree to receive, from any person, 
bank, or corporation, any fee, interest, or reward for the deposit or 
use of money of the State, such officer, or other person, shall be 
punished by imprisonment in the penitentiary for not less than five 
nor longer than twenty years. But nothing in this or the preceding 
section shall be construed to modify or change any law relative to 
the conduct or liability of the treasurer or any officer of the State. 

§198. §200.) Receiving interest on public funds. The receiving, 
directly or indirectly, by any officer of the State or county, or mem- 
ber or officer of the General Assembly, of any interest, profits, or 
perquisites arising from the use or loan of public funds in his hands, 
or moneys to be raised through his agency for State or county pur- 
poses, shall be punished by imprisonment in the penitentiary for not 
less than two years nor longer than seven years, and such offender 
shall be disqualified from holding office. 

§199. (§201.) Officer receiving reward for depositing State's 
money in State depository. No officer of this State shall be allowed 



39 SIXTH DIVISION.— AETICLE 5. §§200-203 



Banks and bank oflScers. 



to receive any commission, interest, or reward to himself from any 
source for the depositing of the State's money in State depositories, 
or for continuing such deposits. The receiving of any such benefit 
by any officer shall be punishable by imprisonment in the peniten- 
tiary for not less than seven nor longer than twenty years, and 
disqualification to hold office in this State. 

§200. (§202.) Selling arms belonging to the State. If any ofQ.-^^^^ ^^p-^^^ 
cer or soldier shall sell or otherwise dispose of any arms or accou-J^^^j^ p- ^^• 
trements belonging to the State in his possession, custody, or control, 
the purchaser shall acquire no title, and such officer or soldier shall 
be punished as provided in section 1430. 

§201. (§203.) Digging phosphate rock. Any person, natural or^^^l^l^^'^-^' 
artificial, who (without having first obtained a license) shall dig, 
mine, remove, or cleanse phosphate rock or phosphatic deposits from 
the beds of the navigable streams of this State, or the banks and 
margins thereof, when the property of the State (except in the 
prosecution of searches authorized by law), shall be guilty of a mis- 
demeanor. 



ARTICLE 5. 

Banks and Bank Officers. 

§202. (§204.) Bank oflacers violating the charter. Any president, ^«^^' '^^'^• 
director, or other officer of any chartered bank in this State, who 
shall violate or be concerned in violating any provision of the char- 
ter of said bank, shall be punished by imprisonment and labor in 
the penitentiary for not less than one year nor longer than ten years. 

§203. (§205.) Presumption against such officers. Every president, cobb, 797. 
director, or other officer of any chartered bank in this State shall 
be deemed to possess such a knowledge of the affairs of the corpora- 
tion as to enable him to determine whether any act, proceeding, or 
omission is a violation of the charter. And every president and 
director who shall be present at a meeting when such violation shall 
happen shall be deemed to have concurred therein, unless he shall 
at the time cause, or in writing require, his dissent therefrom to be 
entered at large on the minutes of the board. And every president 
and director, not present at any meeting when such violation shall 
take place, shall nevertheless be deemed to have concurred therein, 
if the facts constituting such violation appear on the books of the 
corporation, and he remain a director for three months thereafter, 
and do not within that time cause, or in writing require, his dissent 



§§204-206 SIXTH DIVISION.— ARTICLE 5. 40 

Banks and bank oflflcers. 

from sucli illegal proceedings to be entered at large On the minutes 
of the board. 

Cobb, 797. §204. (§206.) Bank insolvency deemed fraudulent. Every insol- 

vency of a chartered bank, or refusal or failure to redeem its bills 
on demand, either with specie or current bank-bills passing at par 
value, shall be deemed fraudulent, and the president and directors 
shall be severally punished by imprisonment and labor in the peni- 
tentiary for not less than one year nor longer than ten years : 
Provided, that the defendant may repel the presumption of fraud, 
by showing that the affairs of the bank have been fairly and le- 
gally administered, and generally with the same care and diligence 
that agents, receiving a commission for their services, are required 
and bound by law to observe ; and upon such showing the jury shall 
acquit the prisoner. 

^''*i7o^^^'^' §205. (§207.) Failing to pay deposits. "When money is depos- 
ited on general deposit with any bank in this State, or with any 
company or individual doing a banking business in this State, and 
such bank or company or individual is insolvent at the time, and 
such insolvency is known to the officers having charge or control of 
such bank or company, or to such an individual, and such bank, or 
company, or individual shall fail to pay to the depositor, or person 
entitled thereto, within three days after the demand therefor, the 
said deposit or deposits, then such individual, or such officers hav- 
ing charge or control of such bank or company, who, with the 
knowledge aforesaid, so received such deposits and so failed to pay 
the same, shall be punished by imprisonment in the penitentiary for 
not less than one year nor longer than ten years. 

Cobb, 797-8. §206. (§208.) Certain transfers, etc., of stock, etc., fraudulent. 
All conveyances, assignments, transfers of stock, effects, or other 
contracts made by any bank in contemplation of insolvency, or after 
insolvency, except for the benefit of all the creditors and stockhold- 
ers of said bank, shall, unless made to an innocent purchaser for a 
valuable consideration, and without knowledge or notice of the con- 
dition of said bank, be fraudulent and void. And the president, 
directors, and other officers of said bank, or any of them, making or 
consenting to the making of such conveyances, assignments, trans- 
fer, or contract, whether the same be made to an innocent purchaser 
or any other, shall severally be punished by imprisonment and labor 
in the penitentiary for not less than four years nor longer than ten 
years. 



41 SIXTH DIVISION.— ARTICLE 5. §§207-211 

Banks and bank officers. 



§207. (§209.) Bank officers purchasing its papers at discount. If^obb, tos. 
any president, director, officer, or agent of any bank shall, by him- 
self or agent or in any other maner, either for himself or for the 
bank, directly or indirectly, purchase or be interested in the pur- 
chase of any bill, or check, or other evidence of debt issued by the 
said bank, for a less sum than shall appear then due on the face 
thereof, he shall be punished by imprisonment and labor in the peni- 
tentiary for not less than four years nor longer than ten years. 

§208. (§210.) Declaring fraudulent dividends. No dividends shall g?^^'cSfeV 
be made by any bank except from the net profits arising from the ^^^^^' 
business of the corporation ; and if any president and directors shall 
declare or pay over any dividend from the capital stock, or any 
other funds of the bank except the net profits thereof, such presi- 
dent and directors shall, severally, be punished by confinement and 
labor in the penitentiary for not less than four years nor longer 
than ten years. 

§209. (§211.) Purchasing shares with capital stock. If the presi-^^^^- '^^^• 
dent and directors of any bank, or any of them, shall use and apply ■ 
any part of the capital stock of such bank to the purchase of shares 
of its own stock, such president and directors shall be punished by 
imprisonment and labor in the penitentiary for not less than one 
year nor more than ten years. 

§210. (§212.) Use or borrowing for personal use prohibited. Any^^^^/^^^"^- 
officer or agent of any bank or other corporation, who shall use or 
borrow for himself, directly or indirectly, any money or other prop- 
erty belonging to any bank or other corporation of which he is an 
officer or agent, without the permission of a majority of the board 
of directors, or of a committee of the board authorized to act, shall 
be guilty of a misdemeanor. 

§211. (§213.) Loans by one officer to another without permission. ^p'^^94^^^^' 
Any officer or agent of any bank or other corporation, who shall lend ^§2275^°'^^' 
the money or property of said bank or corporation to another agent 
or officer thereof, without the permission of a majority of the board 
of directors, or of a committee authorized to act, shall be guilty of a 
misdemeanor: Provided, nothing in this or the preceding section 
shall be held to relieve any officer so offending from the pains and 
penalties of any other violation of the penal laws of this State when 
the same is committed by means of using or borrowing the property 
of said corporation without the permission so required. 



§§212-215 



SIXTH DIVISION.— ARTICLES 6, 7. 



42 



Unlawful mining. Fraudulent seizures and levies. 



Cobb, 798-9. 
Acts 1865-6. 
p, 233. 



Cobb, 799. 



ARTICLE 6. 

Unlawful Mining. 

§212. (§215.) Unlawful mining. If any person shall dig or take 
and carry away from the land of another any gold, bullion, silver, 
or other metallic substance, with intent to appropriate the same to 
his own use, without having previously obtained permission of the 
owner of such land, he shall be guilty of a misdemeanor. 

§213. (§216.) Erecting or using machinery to procure gold or 
other metals. If any person shall erect or use any machinery for 
the purpose of procuring gold or other metals from the land of 
another, with intent to appropriate the same to his own use, or for 
any other person, without the permission of the owner of the land 
or his agent, he shall be guilty of a misdemeanor. 



Acts 1865-6, 

p. 236. 
1S95. p. 63. 



Cobb, 849-850. 
Acts 1865-6, 
p. 233. 



ARTICLE 7. 

Fraudulent Seizures and Levies. 

§214. (§217.) Fraudulent seizure, etc., of property by pretended 
United States agents. If any person, fraudulently claiming to act as 
agent or officer of the United States or any department thereof, 
shall seize, detain, or remove the property of any citizen or resident 
of this State ; or, if any person shall claim to be an officer or agent 
of the United States or any department thereof, with authority to. 
make said seizure, detention, or removal, who shall not have such 
authority, such person, officer, or agent shall be punished by con- 
finement and labor in the penitentiary not less than one year nor 
longer than ten years. 

§215. (§218.) Fraudulent levies. Any person who shall fraudu- 
lently cause any process, attachment, distress, or execution to be 
levied on any estrayed animal, or any lot of land, or other property, 
knowing the same not to be subject to such process or writ, shall, on 
conviction for the first offense, be punished as for a misdemeanor, 
and on any subsequent conviction shall be sentenced to labor in the 
penitentiary not less than two nor longer than four years. 



43 SIXTH DIVISION.— ARTICLE 8. §§216, 217 



Trespass. 



ARTICLE 8. 

Trespass. 

§216. (§219.) What acts deemed trespass. The following shall beCobb,^825.^ 
deemed and held to be trespass, and indictable, to wit : ^pp^ ^^' ^^^ 

1. The willful cutting or felling of any wood, timber, or shade- 
tree, or any chestnut-tree upon the land, inclosed or uninclosed, of 
another, without the consent of the owner. 

2. The taking and carrying away, or attempting to take and carry 
away, any article or property of any value whatever, from the land, 
inclosed or uninclosed, of another, without the consent of the owner. 

3. The pulling down or removing any fence, or inclosure of an- 
other, without the consent of the owner. 

4. The squatting or settling upon the land, inclosed or uninclosed, 
of another, whether public or private, with no bona fide claim or 
color of title, and without the consent of the owner : Provided, that 
this paragraph shall not apply to wayfarers who shall camp for a 
night, or, in case of providential detention, for a longer time, on 
uninclosed land, nor to an intruder who shall remove from the land 
after ten days notice. 

Any person committing any of the acts of trespass specified in thisActs iseo, 
section shall be guilty of a misdemeanor. When any person, in vio-5764. 
lation of the first division of this section, shall cut or fell any chest- 
nut-tree or trees upon the lands, inclosed or uninclosed, of another, 
without the consent of the owner, it shall be the duty of the grand 
juries in the several counties of this State to make special present- 
ments of all such offenses coming to their knowledge, in which no in- 
former has appeared ; and any person may prosecute such offenders, 
whether such person is the owner of the lands trespassed upon or 
not, and the informer in such cases shall be entitled to one half the 
fine which may be imposed and collected for a violation of this 
section. Upon the trial for violation of this section, as to chestnut- 
trees, the burden of proof shall be upon the defendant to show the 
right or authority under and by which he committed the act, where 
the defendant was not in actual possession of the land when the 
trespass was alleged to have been committed. 

§217. (§220.) Willful trespass upon the lands of another. If any^cts^f ^2-^' 
person shall willfully enter, go upon, or pass over any field, orchard, 
garden, or other inclosed or cultivated land of another, after being 
personally forbidden so to do by the owner or person entitled to the 
possession for the time being, or authorized agent thereof, he shall be 
guilty of a misdemeanor. 



§§218-223 



SIXTH DIVISION.— ARTICLE 9. 



44 



Using horse and skinning cattle without owner's consent. 



Acts 1903, 
p. 44. 
§601. 



Acts 1892, 

p. 100. 
1S95, p^ 63. 



Acts 1892, 
p. 100. 



Acts 1892, 
p. 100. 



§218. Hunting or fishing illegally. If any person shall hunt or fish 
in violation of sections 1958, 1959, 1960, 1961, 1962 of the Civil Code, 
he shall be guilty of a misdemeanor. 

§219. (§222.) Defacing or injuring capitol or grounds. If any 

person shall mar, deface, or in any way injure the capitol building, 
the approaches thereto, the trees, shrubbery, or grounds belonging 
to same, or any of the furniture, fixtures, or property therein, he 
shall be punished as for a misdemeanor. 

§220. (§223.) What courts may try offenders. Either the re- 
corder of the City of Atlanta or the judge of the criminal court of 
Atlanta for Fulton county is empowered and duly authorized to hear 
and determine any case arising under the provisions of the preced- 
ing section, and to inflict the punishment prescribed therein. 



§221. (§224.) Janitors and watchmen authorized 

The janitors and watchmen employed by keeper of 
and grounds are authorized, under rules prescribed 
and keeper of public buildings, to make arrests and 
to the police headquarters of Atlanta, to be tried by 
And it shall be their duty to prevent the abuse of 
suppress disorderly conduct therein, and protect it 



to make arrests. 

public buildings 
by the Governor 
convey offenders 
the proper court, 
said building, to 
and its contents. 



Acts 1880-1, 
p. 136. 



ARTICLE 9. 

Using Horse and Skinning Cattle without Owner's Consent. 

§222. (§225.) Using horse or mule without owner's consent. If 
any person shall willfully ride or drive any horse or mule belonging 
to another, without his consent, he shall be guilty of a misdemeanor. 

Acts^i863-4, §223. (§226.) Skinning cattle. If any person shall skin any dead 
1865-6, p. 233. ^qw, or any other kind of stock, cattle, sheep, or goats, that does 
not belong to him, without consent of the owner, his agent, or over- 
seer, and shall refuse, on demand of the owner, or his agent, or 
overseer, to pay the reasonable value of the skin, he shall be guilty 
of a misdemeanor. 



45 SIXTH DIVISION.— ARTICLES 10, 11. §§224-227 



Disposing of or purcliasing drifted timber, cutting timber or tan-bark. Firing the woods. 



ARTICLE 10. 

Disposing of or Purchasing Drifted Timber, Cutting Timber or 

Tan-bark. 

§224. (§227.) Penalty for disposing of drifted timber. No rafts- co^^- ^3. 
man or other person shall dispose, or attempt to dispose, of any 
drifted timber or lumber taken up by him within this State, on pain 
of paying not exceeding five hundred dollars for such offense, to be 
recovered in any court having jurisdiction of the same, one half of 
the penalty to go to the informer, and the other to the use of the 
county wherein such offense may be committed, or the offender may 
be imprisoned not more than six months ; but nothing herein con- 
tained shall prevent the finder of drifted timber or lumber from 
requiring and receiving from the owner reasonable compensation for 
delivering to the owner such drifted timber or lumber. 

§225. (§228.) Illegal purchase of drifted timber. Any person whc^o^b,^23._ 
shall purchase drifted timber or lumber mentioned in the preceding p- ^^^ 
section, except from factors or timber cutters, shall be guilty of a 
misdemeanor. 

§226. Cutting or removing timber or tan-bark from uninclosed^cts is99. 
land. It shall be a misdemeanor for any person, company, firm, or 
corporation to enter or cut or remove from any uninclosed lands in 
this State any timber or tan-bark on such lands, unless such person, 
firm, company, or corporation shall, before so doing, have on record, 
in the county where such land lies, a deed of conveyance to the same, 
prima facie showing title to such lands, or shall have a written con- 
tract from some person, company, or corporation, who has on record 
in the county where such land lies, deeds of conveyance, prima facie 
showing title in the person, company, or corporation entering into 
said contract. 



ARTICLE 11. 
Firing the Woods. 

§227. (§229.) Who may. No person but a resident of the county cobb, 824. 
where the firing is done, owning lands therein, or domiciled thereon,^ 
outside of any town incorporation, shall set on fire any woods, lands, 
or marshes, nor shall such persons, except between the twentieth of 
February and the first of April annually. 



§§228-230 SIXTH DIVISION.— AKTICLE 11. 46 



Firing the woods. 



§228. (§230.) Notice. When such person shall desire to set fire 
within said time, he shall notify all persons who occupy lands ad- 
joining him, by residence thereon, or cultivation, or inclosure of 
any portion of the tract or settlement, of the day and hour of the 
firing, at least one day prior thereto. Such notice need not be 
given if, on a sudden emergency, due caution should require firing 
to render one's premises safe. 

^<^t^^^^s78-o. §229. (§231.) Penalty. Any person setting fire in violation of the 
two preceding sections shall be guilty of a misdemeanor. 

§230. (§232.) Penalty for letting woods catch, etc. Persons, either 
by themselves or agents, who permit fire to get into the woods, 
lands, or marshes, through neglect, are within the meaning of the 
three preceding sections. 



47 SEVENTH DIVISION.— ARTICLE 1. §§231,232 

Forgery, counterfeiting, and unlawful currency. 

SEVENTH DIVISION. 

Forgery, Counterfeiting, and Unlawful Currency. 



ARTICLE 1. 
Forgery, Counterfeiting, and Unlawful Currency. 

§231. (§233.) Forging official cretificates, etc. Whoever, with in-Cobb, soo. 
tent to defraud the State or any person, shall falsely and fraudu- 
lently make, forge, alter, or counterfeit, or 

Cause or procure to be falsely and fraudulently made, forged, 
altered, or counterfeited, or 

Willingly aid or assist in falsely and fraudulently making, forg- 
ing, altering, or counterfeiting, any 

1. Audited certificate, or other certificate issued or purporting to 
have been issued by the auditor-general, or other officer authorized 
to issue the same; 

2. Any order or warrant issued or purporting to have been issued 
by any officer of the State, or authorized person, on the treasury of 
the State, for money or other thing ; 

3. Any warrant for land issued or purporting to have been issued 
by any tribunal, officer, or person authorized to do so ; 

4. Any certificate, draft, warrant, or order, from any of the public 
officers of this State, issued or purporting to have been issued under 
an Act or resolution of the General Assembly; 

5. Any certificate, draft, order, or warrant, issued or purporting 
to have been issued by any court, officer, or person authorized to 
draw on the treasury of the State or for public money, wherever the 
same may be deposited; 

6. Any deed, will, testament, acquittance, or receipt : 

7. Any bond, writing obligatory, bill of exchange, promissory 
note, order for money or other thing of value, or any indorsement 
or assigment of said papers : 

Shall be punished by imprisonment and labor in the penitentiary 
for not less than four years nor longer than ten years. 

§232. (§234.) Uttering forged certificates, etc. If any person^^bb, soo. 
shall utter or publish as true any of the false, fraudulent, forged, 
altered, or counterfeited matters mentioned in the preceding sec- 
tion, or any indorsement or assignment of any bond, writing obliga- 
tory, bill of exchange, promissory note, or order for money or goods 



§§233-236 



SEVENTH DIVISION.— ARTICLE 1. 



48 



Forgery, counterfeiting, and unlawful currency. 



or other thing of- value, with intent to defraud the State, public 
officers, courts, or persons authorized as aforesaid, or any other 
person, knowing the same to be so falsely and fraudulently made, 
forged, altered, or counterfeited, he shall be punished by imprison- 
ment and labor in the penitentiary for not less than four years nor 
longer than ten years. 



Acts 1900. 
p. 69. 



Acts 1899. 
p. 79. 



Acts 1899, 
p. 79. 



Acts 1899, 
p. 79. 



§233. School certificate or license. Whoever, with intent to de- 
fraud the State, or any county, town, or city, or any, person, shall 
falsely and fraudulently make, forge, alter, or counterfeit, or cause 
or procure to be falsely and fraudulently made, forged, altered, or 
counterfeited, or willingly aid or assist in falsely and fraudulently 
making, forging, altering, or counterfeiting any certificate or license 
issued by any county school commissioner of this State, or the ex- 
ecutive officer of any local school board, to a teacher, shall be guilty 
of a felony, and upon conviction therefor shall be punished as pre- 
scribed by section 231 of this Code. 

§234. Forging card or receipt for dues. Any person who shall 
make, alter, forge, or counterfeit any card or receipt of dues, pur- 
porting to be given or issued by any association of railway employ- 
ees, or by any of its officers, to its members, with intent to injure, 
deceive, or defraud, shall be punished as for a misdemeanor. 

§235. Forging letter or certificate. Any person who shall falsely 
make, alter, forge, or counterfeit any le.tter or certificate purporting 
to be given by any corporation or person, or officer or agent of 
such corporation or person, to an employee of such corporation or 
person at the time of such employee's leaving the service of such 
corporation or person, showing the capacity or capacities in which 
such employee was employed by such corporation or person, the 
date of leaving the service, or the reason or cause of such leaving, 
with the intent to injure, deceive, or defraud, shall be punished as 
for a misdemeanor. 

§236. Uttering such papers. Any person who shall willfully and 
knowingly utter, publish, pass, or tender as true, or who shall have 
in his possession with intent to utter, publish, pass, or tender as 
true, any false, altered, forged, or counterfeited letter, certificate, 
card, or receipt, the forging, altering, or counterfeiting whereof is 
prohibited by either of the two preceding sections, with intent to 
injure, deceive, or defraud, knowing the same to be forged, shall be 
punished as for a misdemeanor : Provided, that nothing in this and 
the two preceding sections shall be construed to repeal or change 
any of the laws against the crime of forgery. 



49 SEVENTH DIVISION.— ARTICLE 1. §§237-2^1 



Forgerj', counterfeiting, and unlawful currency. 



§237. (§235.) Counterfeiting or knowingly uttering counterfeit c^^^- ^^i- 
coins. If any person shall falsely and fraudulently make, forge, or 
counterfeit, or be concerned in the false and fraudulent making, 
forging, and counterfeiting of any gold, silver, or copper coin, which 
is in circulation within this State ; or shall falsely and fraudulently 
make, or be concerned in the false and fraudulent making of any 
base coin of the likeness or similitude of any gold, silver, or copper 
coin which is in circulation in this State ; or shall falsely and fraudu- 
lently utter, publish, pay, or tender in payment any such counterfeit 
and forged coin of gold, silver, or copper, or any base coin, knowing 
the same to be forged, or counterfeited, or base, or shall aid or abet, 
counsel or command the perpetration of either of the said crimes, 
shall be punished by imprisonment and labor in the penitentiary for 
not less than four years nor longer than ten years. 

§238. (§236.) Counterfeiting bank-notes. If any person shall^"^^'^^^- 
falsely and fraudulently make, sign, or print, or be concerned in the 
false and fraudulent making, signing, or printing of any counterfeit 
note or bill of any bank of this State, or the note or bill of any in- 
corporated bank, whose notes or bills are in circulation in this State, 
or falsely and fraudulently cause or procure the same to be done, he 
shall be punished by imprisonment and labor in the penitentiary for 
not less than four years nor longer than ten years. 

§239. (§237.) Bank check or draft. If any person shall falsely "" ' 
and fraudulently make, sign, or print, or be concerned in the false 
and fraudulent making, signing, or printing of any check or draft 
upon any bank of this State, or bank as aforesaid, or falsely or 
fraudulently procure the same to be done, he shall be punished by 
imprisonment and labor in the penitentiary for not less than three 
years nor longer than seven years. 

§240. (§238.) Alteration of bank-notes, etc. If any person shall^^""''' ^^''-• 
falsely and fraudulently alter, or be concerned in the false and 
fraudulent alteration of any genuine note, bill, check, or draft of 
or on any bank as aforesaid, or falsely and fraudulently cause or 
procure the same to be done, he shall be punished by imprisonment 
and labor in the penitentiary for not less than three years nor 
longer than ten years. 

§241. (§239.) Knowingly uttering or passing them. If any person^''^^' ^°^' 
shall falsely and fraudulently pass, pay, or tender in payment, utter 
or publish any false, forged, counterfeit, or altered note, bill, check, 
or draft as aforesaid, knowing the same to have been falsely and 
fraudulently forged, counterfeited, or altered, he shall be punished 



§§242-246 



SEVENTH DIVISION.— ARTICLE 1. 



50 



Forgery, counterfeiting, and unlawful currency. 



by imprisonment and labor in the penitentiary for not less than two 
years nor longer than ten years. 

Cobb, 802. §242. (§240.) Possessing intending to pass them. If any person 

shall have in his possession any such false, forged, counterfeit, or 
altered note, bill, draft, or check, with intention fraudulently to pass 
the same, he shall be punished by imprisonment and labor in the 
penitentiary for not less than two years nor longer than ten years. 

Cobb, 802. §243. (§241.) Possessing types, paper, etc., intending to counter- 

feit. If any person shall have in his possession any bank paper, 
types, plates, or machinery, for the purpose of falsely or fraudu- 
lently forging and counterfeiting any notes, bills, checks, or drafts 
as aforesaid, he shall be punished by imprisonment in the peniten- 
tiary for not less than four years nor longer than ten years. 

Cobb, 802. §244. (§242.) Forging or uttering certain bills, etc. If any person 

shall falsely and fraudulently make, forge, counterfeit, or alter any 
note, bill, draft, or check of or on any person, body corporate, 
company, or mercantile house or firm, or purporting so to be, or 
fraudulently and falsely utter, publish, pass, pay, or tender the same 
in payment, or demand payment of the same, knowing the said bill, 
note, draft, or check to be forged and counterfeited, or falsely and 
fraudulently altered, he shall be punished by confinement and labor 
in the penitentiary for not less than two nor longer than ten years. 

§245. (§243.) Forging any other writing. If any person shall 
fraudulently make, sign, forge, counterfeit, or alter, or be concerned 
in the fraudulent making, signing, forging, counterfeiting, or alter- 
ing of any other writing not herein provided for, or shall fraudu- 
lently utter, publish, pass, or tender the same, knowing the said 
writing to be forged, or counterfeited, or falsely and fraudulently 
altered, with intent to defraud any person, firm, or corporation, or 
shall fraudulently cause or procure the same to be done, he shall be 
punished by imprisonment and labor in the penitentiary for not less 
than two years nor longer than five years. 

Cobb, 802-3. §246. (§244.) Forging or using forged public seals. If any person 
shall falsely and fraudulently forge or counterfeit or be concerned, 
in forging and counterfeiting the great seal of this State, or any 
other seal authorized by law, or shall falsely and fraudulently cause 
or procure the same to be forged and counterfeited, or shall falsely, 
fraudulently, and knowingly impress, or cause to be impressed, any 
instrument with such forged and counterfeit seal, or shall falsely, 
fraudulently, and knowingly affix it or cause it to be affixed to any 
instrument, or shall falsely and fraudulently utter or publish any 



Cobb, 802. 
Acts 1907, 
p. 57. 



51 SEVENTH DIVISION.— ARTICLE 1. §§247-252 

Forgery, counterfeiting, and unlawful currency. 

instrument impressed with it, knowing it to be forged and counter- 
feit, he shall be punished by imprisonment and labor in the peniten- 
tiary for not less than two years nor longer than ten years. 

§247. (§245.) Using fictitious names. Any person who shall draw^^^' ^^^• 
or make a bill of exchange, due-bill, or promissory note, or indorse 
or accept the same, in a fictitious name, shall be punished by impris- 
onment and labor in the penitentiary for not less than two years nor 
longer than seven years. 

§248. (§246.) Personating another. If any person shall put his^''^^' ^^■'^• 
own name to any instrument, representing himself to be a different 
person of that name, he shall be punished by imprisonment and labor 
in the penitentiary for not less than two years nor longer than seven 
years. 

§249. (§247.) Obtaining goods, etc., on false writings. If any per-Cobb, 803. 
son shall designedly, by color of any counterfeit letter or writing, 
made in any other person's name, or fictitious name, obtain from 
any person money or other valuable thing, with intent to defraud 
any person, mercantile house, body corporate, or company of the 
same, he shall be punished by imprisonment and labor in the peni- 
tentiary for not less than two nor longer than seven years. 

§250. (§248.) Unauthorized issue of currency. Any person, or^^'J^'j^^^-.g?^^- 
body corporate, except such banking institutions as by law are au-jPg|J p 233 
thorized to issue bills or notes for circulation, who shall make, issue, 
circulate, pay, or tender in payment (not being an innocent holder 
thereof) any check, order, draft, or bill for the payment of money, 
or other thing having the form or similitude of a bank-note, and in- 
tended to be used and circulated as money or circulating medium, 
shall be guilty of a misdemeanor. 

§251. (§249.) Each bill a new offense. The making or issuing 
each check, order, draft, or bill for the payment of money, or other 
thing having the similitude of money, as above, shall be a separate 
offense ; and if done by any corporation, the officer or member of the 
same signing the paper shall be guilty of a misdemeanor. 

§252. (§250.) Conveying land by forged title a felony. If any^^^l^^--^' 
person shall sell, lease, rent, or otherwise convey to another any 
land or the timber thereon, the title of which is forged, or the grant 
or any deed or conveyance whereof is forged, knowing the same to 
be forged; or if any person shall take possession of or occupy or 
exercise any acts of ownership over any land or the timber thereon, 
under any grant, deed, bond, lease, or other conveyance which is 



§§253-258 



SEVENTH DIVISION.— ARTICLE 1. 



52 



Forgery, counterfeiting, and unlawful currency. 



forged, or any part of the title whereof is forged, knowing the same 
to be forged, such person shall be punished by imprisonment and 
labor in the penitentiary for not less than one nor more than five 
years : Provided, that the provisions of this section shall not apply 
to any person whose title or possession was acquired by him, or those 
under whom he claims, bona fide and without notice of the fact of 
such forgery. 

§253. (§251.) Collector fraudulently altering digest, guilty of 
forgery. If any tax-collector, with fraudulent intent, alters the di- 
gest rendered to him, or any other of the digests of his county, he 
shall be punished by imprisonment in the penitentiary for not less 
than two nor longer than ten years. 



Acts 1898, 

p. 108. 
Civil Code, 

§§1989-1992, 

4632. 



Acts 1898, 
p. 108. 



Acts 1898, 
p. 108. 



Acts 1898, 
p. 108. 



Acts 1909, 
p. 139. 



§254. Counterfeiting or imitating label or trade-mark. Whenever 
any person, firm, corporation, or association shall adopt and use in 
their business, for their protection, any label, trade-mark, trade- 
name, or form of advertisement, it shall be unlawful for any person, 
firm, corporation, or association to counterfeit or imitate such label, 
trade-mark, trade-name, or form of advertisement, with intent to use 
the same for the purpose of deceiving the public in the sale of goods 
Every person violating this section shall be guilty of a misdemeanor. 

§255. Using counterfeit. Every person, firm, corporation, or asso- 
ciation who shall use any counterfeit or imitation of any label, trade- 
mark, trade-name, or form of advertisement of any person, firm, 
corporation, or association, knowing the same to be counterfeit or 
imitation, shall be guilty of a misdemeanor. 

§256. Using genuine label, etc., in unlawful manner. Every per- 
son, firm, corporation, or association who shall use or display the 
genuine label, trade-mark, trade-name, or form of advertisement of 
any person, firm, corporation, or association, in any manner not 
authorized by law, knowing that such use is not authorized, with 
intent to deceive the public in the sale of goods, shall be guilty of a 
misdemeanor. 

§257. Unauthorized use of name or seal. Any firm, person, corpo- 
ration, or association who shall use the name or seal of any other 
person, firm, corporation, or association, in and about the sale of 
goods or otherwise, not being authorized to use the same, knowing 
that such use is unauthorized, with intent to deceive the public in 
the sale of goods, shall be guilty of a misdemeanor. 

§258. Name and emblems of benevolent and other associations. 

Any person who shall wear a badge, button, or other emblems, or 



53 SEVENTH DIVISION.— ARTICLE 1. §258 

Forgery, counterfeiting, and unlawful currency. 

shall use the name or claim to be a member of any benevolent, fra- 
ternal, social, humane, or charitable organization which is entitled to 
the exclusive use of such name and emblems under section 1993 of 
the Civil Code, either in the identical form or in such near resem- 
blance thereto as to be a colorable imitation of such emblems and 
name, unless entitled to do so under the laws, rules, and regulations 
of such organization, shall be guilty of a misdemeanor. 



§§259-265 



EIGHTH DIVISION.— ARTICLE 1. 



54 



Perjury, false swearing, and subornation of perjury and false swearing. 

EIGHTH DIVISION. 

Crimes Against the Public Justice and Official Duty. 



Cobb, 804. 



Cobb, 804. 



Cobb, 804. 



Cobb, 804. 



Cobb, 804. 



Cobb, 804. 



Cobb, 804-5. 



ARTICLE 1. 



Perjury, False Swearing, and Subornation of Perjury and False 

Swearing. 

§259. (§256.) Perjury shall consist in willfully, knowingly, abso- 
lutely, and falsely swearing, either with or without laying the hand 
on the Holy Evangelist of Almighty God, or affirming, in a matter 
material to the issue or point in question, in some judicial proceed- 
ing, by a person to whom a lawful oath or affirmation is adminis- 
tered. 

§260. (§257.) Punishment. Any person who shall commit the 
crime of perjury shall be punished by imprisonment and labor in the 
penitentiary for not less than four years nor longer than ten years. 

§261. (§258.) False swearing defined. False swearing shall con- 
sist in willfully, knowingly, absolutely, and falsely swearing, either 
with or without laying the hand on the Holy Evangelist of Almighty 
God, or affirming in any matter or thing (other than a judicial pro- 
ceeding), by a person to whom a lawful oath or affirmation is admin- 
istered. 

§262. (§259.) Punishment. Any person who shall commit the 
crime of false swearing shall be punished by imprisonment and 
labor in the penitentiary for not less than three years nor longer 
than ten years. 

§263. (§260.) Subornation. Subornation of perjury and false 
swearing shall consist in procuring another person to commit the 
crime of perjury or false swearing. 

§264. (§261.) Punishment. Any person who shall commit the 
crime of subornation of perjury or false swearing shall be punished 
by confinement and labor in the penitentiary for not less than three 
years nor longer than ten years. 

§265. (§262.) False witness causing death. If. any person, by 
willful and corrupt perjury, shall take away the life of another, or, 
by such willful and corrupt perjury, convict another of any offense 



55 EIGHTH DIVISION.— ARTICLE 1. §§266-269 

Perjury, false swearing, and subordination of perjury and false swearing. 

which, by this Code, is punishable with death or perpetual impris- 
onment, such person shall be punished with death or perpetual im- 
prisonment. 

§266. (§263.) Contractor making false affidavit. Every person, -^p^^lg^^^^-^' 
firm, or corporation that gives out to contract the bulding or con- 
structing of any house, store, mill, railroad, or other structure of like 
nature shall retain twenty-five per cent, of the contract price thereof 
until the contractor shall submit to such person, firm, or corporation 
an affidavit that all debts incurred for material and labor in building 
or constructing such house, store, mill, railroad, or other structure 
of like nature have been paid, or that the persons to whom such 
debts for material and labor are owed have consented to the payment 
of said twenty-five per cent. ; and swearing falsely in making the 
affidavit is a misdemeanor. 

§267. (§264.) False oath by a taxpayer. If any oath taken by acij^^code, 
taxpayer, in compliance with law, is false, the person taking it is 
guilty of false swearing, and is liable to be punished therefor as pre- 
scribed in section 262. The entry in the digests of the taxpayer's 
returns shall be prima facie evidence of his having taken such oath. 

§268. (§265.) Weekly reports by tax-collectors. The tax-collec-^p^^^^'^- 
tors in each county having a population of thirty thousand or more 
shall make duplicate weekly reports to the comptroller-general and 
the county authorities of the aggregate amount of taxes collected 
during said week, naming separately the amount of taxes collected 
for the State and the county, and shall SAvear that the same is a 
correct report of the taxes collected as aforesaid; and if any such 
tax-collector makes out a false return of the matters required to be 
reported, he shall be subject to all the pains and penalties of false 
swearing. 

§269. (§266.) Violation of oath by jury commissioner and clerk. -*^^t%lf-;^. 
In case any 3ury commissioner, or clerk of the superior court, shall 
willfully and intentionally violate the terms of their respective oaths 
as prescribed by law, he shall be guilty of false swearing, and shall 
be punished by imprisonment and labor in the penitentiary for not 
less than one year nor longer than ^yq years. 



§§270-273 EIGHTH DIVISION.— ARTICLES 2, 3. 56 

Bribery ; influencing Governor or head of department. Misconduct by oflBcers and persons, etc. 

ARTICLE 2. 

Bribery; Influencing Governor or Head of Department. 

Cobb, 805. §270. (§267.) Bribery defined. Bribery is the giving or receiving 

any undue reward to influence the behavior of the person receiving 
such reward, in the discharge of his duty in any office of government 
or of justice. 

Cobb, S05. §271. (§268.) Punishment. If any person shall, directly or indi- 

rectly, give or offer to give any money, goods, or other bribe, present, 
or reward ; or give or make any promise, contract, or agreement for 
the payment, delivery, or alienation of any money, goods, lands, or 
other bribe ; or use any promises, threats, persuasions, or other like 
sinister, unfair, or fraudulent practices in order to obtain or in- 
fluence the opinion, judgment, decree, or behavior of any member of 
the General Assembly or officer of this State, referee, or arbitrator, 
in any matter or cause depending, or which shall depend before him, 
such person, and the officer, referee, or arbitrator, who shall accept 
or receive such bribe, shall be guilty of a misdemeanoi. 

Acts 187S-9, §272. (§269.) Influencing Governor, etc. If any official, or clerk, 

p. 170o 

or employee of any official of any of the departments of the gov- 
ernment of this State shall receive or contract to receive any money, 
fee, reward, or other thing of value in consideration of or for in- 
fluencing or attempting to influence, or procuring or attempting to 
procure any other person to influence or attempt to influence the 
Governor of this State, or the head of any of the departments of the 
government of this State, in the discharge of any official duty of 
any of them, and shall actually so influence or attempt to influence, 
or shall procure or attempt to procure any other person to influence 
or attempt to influence said Governor or the head of either of said 
departments in the discharge of any official duty of any of them, 
such official, clerk, or employee shall be punished by imprisonment 
in the penitentiary for not less than one nor more than twenty years. 



ARTICLE 3. 

Misconduct by Officers and Persons Concerned in the Administration 

of Justice. 

p.^k?^^^' §273. (§270.) Failure to take and file official oath. If any officer 

or deputy who is required by law to take and file an official oath 
shall enter upon the duties of his office without first taking and filing 
the same in the proper office, he is guilty of a misdemeanor. 



57 EIGHTH DIVISION.— ARTICLE 3. §§274-280 



Misconduct of officers and persons concerned In the administration of justice. 

§274. (§271.) Weigher of produce failing to take and file oath.^p^^tf ^1^75,^ 
If any scalesman, salesman, or other person, in any of the cities,^^^^' p- ^^• 
towns, or villages of this State, to weigh any article of produce dis- 
posed of by weight, weighs such produce without having taken and 
filed the oath prescribed by law, he and the factor, or person who 
may employ him, shall be guilty of a misdemeanor. This section 
shall apply only to parties weighing said articles for sale, and not to 
persons weighing their own produce. 

§275. (§272.) Acting before filing bond a misdemeanor. If any^p^t^gi^Qs, 
public officer, required by law to give bond, performs any official act 
before his bond is approved and filed as required, he is guilty of a 
misdemeanor. 

§276. (§273.) Collector not to collect tax before giving bond, etc^obb, w^26. 
If any tax-collector collects, or attempts to collect, any tax before he p- ^■'^• 
has given, and had approved, the necessary bonds and security, and 
taken the oaths of office, he is guilty of a misdemeanor. 

§277. (§274.) Eefusal of receiver to receive returns, etc. If any ^^p^^Jg^^^^' 
tax-receiver refuses to receive any return of taxes when properly 
tendered in presence of a witness, and in the time the law requires, 
he is guilty of a misdemeanor. 

§278. Oath of taxpayer, receiver must actually administer. Any ^pp%^^^^^4 
receiver of tax returns who fails to comply with section 1092 of the 
Civil Code, on the subject of the taxpayer's oath, shall be guilty of 
a misdemeanor. 

§279. (§275.) Unlawful to exempt manufacturing or other prop-'^p';*|5^^^^' 
erty from taxation, etc. No county authority shall exempt from 
taxation any manufacturing industry or enterprise, or any property 
of any kind not exempt by law. It shall be the duty of the tax- 
receiver of each county to have all such property, whether ex- 
empted by the county authorities or not, which is required by law to 
be returned for taxes in the several counties of this State, returned 
for taxation, and it shall be the duty of the tax-collector of each 
county to collect the taxes assessed upon all such property. Any 
tax-receiver or tax-collector violating the provisions of this section 
shall be guilty of a misdemeanor. 

§280. (§276.) Treasurer shall not purchase orders at a discount. ^^^Ig^s^^' 
If any county treasurer shall buy up any county orders or claims for 
less than their full par value, either by himself or agents, directly or 
indirectly, or by paying for them in property at an estimated value 
above its true value, or refuse to pay an order when he has funds to 
pay the same, or illegally postpone one, he shall be removed from 



§§281-285 EIGHTH DIVISION.— ARTICLE 3. 58 

Misconduct of officers and persons concerned in the administration of justice. 



office on complaint and proof being made to the ordinary, and is 
moreover guilty of a misdemeanor. 

Ap%i878 9. §281. (§277.) Speculating in county orders. If any public officer 
of any county in this State shall buy up at a discount, or in any man- 
ner speculate in what are known as ** county orders," or in ''jury 
scrip, ' ' or any other order or scrip which is to be paid out of any 
public fund of this State, or of any county in this State, he shall be 
punished as for a misdemeanor, and shall be removed from office. 

^p!ls^^^^' §282. (§278.) False survey and penalty. If any county surveyor, 

or other person acting as such, knowingly surveys land as vacant 
land which is not, or makes any other false survey, he is guilty of a 
misdemeanor. 

"^^pp.^ i6of'i6i. §2^^- (§279.) Letting contract for public work. If any ordinary, 
1895, p. 64. commissioner of roads and revenues, or other officer having charge 
of the roads and revenues and buildings of the county shall let out 
any contract for building or repairing any public work, as mentioned 
in sections 387, 388, and 389 of the Civil Code, without complying 
with said sections ; or if any one of said officials shall receive, take, 
or contract to receive or take, either directly or indirectly, any part 
of the pay or profit arising out of any such contract, he shall be 
guilty of a misdemeanor. 

Cobb, 805. §284. (§280.) Stealing, altering, etc., of public documents. If any 

public officer, or other person, shall steal, embezzle, alter, corrupt, 
withdraw, falsify, or avoid any record, process, charter, gift, grant, 
conveyance, or contract ; or shall knowingly and willingly take off, 
discharge, or conceal any issue, forfeited recognizance, or other for- 
feiture ; or shall forge, deface, or falsify any document or instru- 
ment recorded, or any registry, acknowledgment, or certificate ; or 
shall alter, deface, or falsify any minute, document, book, or any 
proceeding whatever of or belonging to any public office within this 
State ; or if any person shall cause or procure any of the offenses 
aforesaid to be committed, or be in anywise concerned therein, he 
shall be punished by imprisonment and labor in the penitentiary for 
not less than two years nor longer than ten years. 

Tls^^'^' §285. (§281.) Unlawful to sell office or divide profits thereof. If 

any person who has been elected to any office in this State shall sell 
or farm out said office ; or if any person shall purchase or agree to 
give any money or other thing of value to a person elected, for the 
privilege of exercising the duties of said office ; or if any person 
shall promise or agree to divide the profits, fees, or emoluments of 
said office with the person so elected, he shall be punished by con- 



59 EIGHTH DIVISION.— ARTICLE 3. §§286-291 



Misconduct of officers and persons concerned in the administration of justice. 



finement and labor in the penitentiary for not less than one year nor 
longer than three years. 

§286. (§282.) Cruelty in jailers. If any jailer, by too great a du-^"^^^' ^°^' 
ress of imprisonment or other cruel treatment, shall make or induce 
a prisoner to become an approver, or accuse and give evidence 
against another, or be guilty of willful inhumanity or oppression to 
any prisoner under his care and custody, he shall be punished by 
removal from office, and imprisonment and labor in the penitentiary 
for not less than one year nor longer than three years. 

§287. (§283.) Officers detaining books, etc., from successors. Ifcobb, sose. 
any officer, after the expiration of his term, shall willfully and un- 
lawfully withhold or detain from his successor the records, papers, 
documents, books, or other -writings belonging to his office, or muti- 
late, destroy, take away, or otherwise prevent the complete posses- 
sion by his successor of said records, documents, papers, books, or 
other writings, he shall be guilty of a misdemeanor. 

§288. (§284.) Assault under color of office. If any officer of this^^^^' «^6- 
State shall assault or beat any individual, under color of his office 
or commission, without a lawful necessity so to do, he shall be 
guilty of a misdemeanor. 

§289. (§285.) Refusing to receive prisoner. If any sheriff, cor-^«^^' ^^'^^ 
oner, constable, keeper of a jail, or other officer, whose duty it is to 
receive persons charged with, or guilty of, an indictable offense, 
shall refuse to receive and take charge of such person, he shall be 
punished by confinement and labor in the penitentiary for not less 
than two years nor longer than seven years, and shall be dismissed 
from office. 

§290. (§286.) Refusing penitentiary prisoner. If the keeper of a^^^^' ^^t. 
penitentiary, or other officer or person employed there, whose duty 
it is to receive convicts, shall fail or refuse to do so, he shall be pun- 
ished by confinement and labor in the penitentiary for not exceeding 
ten years; and shall be dismissed from office. 

§291. (§287.) Conspirators to cheat or defraud the State ox^^Jl^^^'^^' 
county. If two or more persons shall conspire or agree to defraud, 
cheat, or illegally obtain from the State or any county thereof, or 
from any public officer of this State, or any county thereof, or any 
person exercising the duties of any such office, any property be- 
longing to said State or county, or under the control or possession of 
said officers as such, they shall be punished by imprisonment and 
labor in the penitentiary for not less than two nor longer than ten 
years. 



§§292-297 EIGHTH DIVISION.— ARTICLE 3. 60 

Misconduct of officers and persons concerned in the administration of justice. 

Acts_i872, ^292. (§288.) Public officers conspiring to cheat or defraud the 

State or county. If any person holding any public office in this State 
shall conspire or agree with any person, in or out of office, to cheat 
or defraud, or illegally obtain from, the State, or any county thereof, 
any property mentioned in the preceding section, he shall be pun- 
ished by imprisonment and labor in the penitentiary for not less 
than two nor more than ten years. 

Acts 1872, §293. (§289.) Members of General Assembly embraced. AH the 

provisions of the two preceding sections are extended to members 
of the General Assembly, conspiring or agreeing, by fraud, bribery, 
or other unlawful means with other members, or persons not mem- 
bers, of the General Assembly, to procure the passage of laws to 
defraud the State, or any county thereof, or any public officer of 
the State or county, of any property mentioned in section 291 of this 
Code. 

^^t|_iS'2, §294. (§290.) Offenses complete when. The offenses described in 

the three preceeding sections shall be complete when the conspiracy 
is effected, and shall be punished, whether the same be carried into 
effect or not. 

Cobb, ^644,^809. §295. (§291.) Malpractice by justice of the peace and others. Any 
pp- ^^^' ^oo' ordinary, member of any board of commissioners, county judge, .or 
89- 63 jiistice of the peace, who shall be charged with malpractice in office, 
^oQ9^'3o?^306 ^^ with using oppression or tyrannical partiality, or with willfully 
788. 20. refusing or failing to preside in or hold his court at the regular terms 
thereof or when it is his duty under the law to do so, or with using 
any other means to delay or avoid the due course or proceeding of 
law, or with any other conduct unbecoming the character of an up- 
right magistrate, or who shall willfully and knowingly demand more 
cost than he is entitled to by law, in the administration and under 
color of his office, shall be punished as for a misdemeanor and shall 
be removed from office. 

Cobb, 644, §296. (§292.) Indictment for malpractice. An indictment under 

Acts 1873, the preceding section shall specially set forth the merits of the com- 

pp. 23, 24. . ^ -f .7 

plaint, and a copy thereof shall be served on the defendant before 
it is laid before the grand jury. The prosecutor and the defendant, 
and their witnesses, shall have the right of appearing before and 
being heard by the grand jury. 



^^c^ts 2^871-2. §297. (§293.) Dockets of justices and notaries. Justices, and no- 
taries public who are ex-off 
arate dockets of all civil a: 
which dockets shall show: 



pp. 45, 46. 

i88o'/' ^^' "fc^^i^s public who are ex-officio justices of the peace, shall keep sep- 
cP£;J^;.3 arate dockets of all civil and criminal causes disposed of by them, 

§§z9o, 296. 



61 EIGHTH DIVISION.— ARTICLE 3. §§298-301 



Misconduct of officers and persons concerned in ttie administration of Justice. 

1. The actual disposition of each case. 

2. An itemized bill of costs charged or collected, and from whom 
collected. 

3. For what officer and service each item is charged. 

The justices and notaries public shall lay their dockets before the 
grand juries of their respective counties on the first day of each term 
of the superior court, for inspection. 

§298. (§294.) Report to grand jury by justices as to books of pred-^^^t« lf\~: 
ecessor. Justices of the peace, and notaries public who are ex-ofiiciojg^^^p- ^- 
justices of the peace, who have been elected or appointed since the ^''- '^^' ''^' 
previous session of the grand jury, shall, at the time of exhibiting 
their dockets as required in the preceding section, also report to the 
grand jury whether their predecessors in office have delivered to 
them the copies of the Code and Acts of the General Assembly which 
they have received from the State, as required by law ; and if saict 
predecessors in the office of justice of the peace, or notaries public 
who are ex-officio justices of the peace, have withheld or detained 
those books, then the grand jury shall make a special presentment 
against such person or persons withholding or detaining such books, 
under section 287 of this Code. 

§299. (§295.) Punishment for violating preceding sections. Any ^293. 
justice, or notary public who is ex-officio a justice of the peace, who 
shall fail to comply with either of the two preceding sections, or who 
shall make a false entry or return of any matter, shall be guilty of 
malpractice in office, and shall be punished as prescribed in section 
295. Precedence shall be given, by the courts, to the trial of such 
• prosecutions over all other cases. 

§300. (§296.) Magistrates indicted for malpractice may not act.^^^^^^i^-^^^. 
No justice of the peace, or notary public who is ex-officio justice of?^'-^-^- 206. 
the peace, shall exercise the duties or functions of his office or per- 
form any act therein after an indictment or general presentment of 
a grand jury has been returned against him for malpractice in his 
office, until the termination of the case made by the indictment or 
presentment : Provided, the grand jury finding the indictment or 
presentment shall in their general presentments recommend such 
suspension from duty. A violation of the provisions of this sec- 
tion shall be a misdemeanor. 

§301. (§297.) Tax-collectors and treasurers to render accounts. ^^*^2^^s2-3. 
The failure or refusal of any tax-collector or county treasurer to 
render the account and make the showing provided for by section 
527 of the Civil Code, after being notified so to do by the proper 



§§302-307 



EIGHTH DIVISION.— ARTICLE '6. 



62 



Misconduct of officers and persons concerned in tlie administration of justice. 



Cobb, 809. 



Cobb, 809. 



Acts 1878-9, 
p. 158. 
§901. 



Cobb, 864-5, 
Acts 1861, 

p. 69. 
§§13, 802, 

1105. 



§§395, 396, 
1125. 



Acts 1878-9, 
p. 81. 
§302. 



officer, shall constitute malpractice in office, and a conviction there- 
for shall subject the offender to removal from office. 

§302. (§298.) Extortion defined. Extortion shall consist in any 
public officer's unlawfully taking, by color of his office, from any 
person any money or thing of value that is not due to him, or more 
than his due. 

§303. (§299.) Punishment. Any public officer who shall, by him- 
self, his deputy, agent, or other person employed by him, be guilty of 
extortion in demanding and receiving other and greater fees than by 
law are allowed him, or shall, by color of his office, take from any 
person any money, or other thing of value, that is not due to him, or 
more than his due, shall be punished as for a misdemeanor and shall 
be dismissed from office. 

§304. (§300.) Attorney-general taking fees. If the attorney-gen- 
eral of this State shall charge or demand or receive any fee, per- 
quisite, or compensation other than his salary, in any case in which 
the State is a party or in any manner interested, he shall be guilty 
of extortion, and shall be imprisoned in the penitentiary for any 
time not less than two nor more than twenty years, and shall be re- 
moved from office, and forever disqualified from holding any office 
of honor, profit, or trust in this State. 

§305. (§301.) Excessive costs, misdemeanor. Any officer of court, 
knowingly demanding, as costs from a defendant, fees to which he 
is not entitled, and any solicitor-general who shall demand or receive 
any fee, or costs, on any criminal case which has not been tried by a 
petit jury or otherwise finally disposed of, shall be guilty of a mis- 
demeanor. 

§306. (§302.) Fee bill to be posted in office. Penalty for illegal 
fees. Every magistrate, or ex-officio justice of the peace, or con- 
stable shall keep a printed or plainly written copy of the fee bill 
posted in some conspicuous place in his office ; and upon failure to do 
so, or upon violation of any part of this section he shall be guilty of 
malpractice, and subject to the penalties and punishment prescribed 
therefor. And if any justice of the peace, notary public, or con- 
stable shall demand and receive any larger or other fee for his 
services than set forth in the fee bills prescribed in sections 6002-6006 
of the Civil Code, he shall be subject to all the pains and penalties 
prescribed for the collection of illegal costs. 

§307. (§303.) Penalty for demanding more than legal rate for 
advertising. Any ordinary, sheriff, coroner, clerk, marshal, or other 



63 EIGHTH DIVISION.— ARTICLES. 4, 5. §§308-312 

Personating in bail. Obstructing legal process, and sentence or order of court. 

officer, who shall receive, collect, or demand other and greater fees 
for advertising than are provided by law, shall be guilty of extor- 
tion, and shall be punished as for a misdemeanor. 

§308. (§304.) Retaining part of advertising fee. If any officer ^p^^l^^^^s-^' 
shall demand or retain any part of the rates allowed by law to pub- 
lishers for publishing legal advertisements, by way of commissions, 
either directly or indirectly, he shall be guilty of extortion, and 
punished as for a misdemeanor. 

§309. Countersigning circulating notes. If the comptroller-gen-^p^t^gi^gs, 
eral shall violate the provisions of section 2319 of the Civil Code, 
relating to the countersigning of circulating notes, he shall be guilty 
of a felony, and on conviction shall be punished by confinement in 
the penitentiary for a period of not less than one year nor more than 
^Ye years. 



ARTICLE 4. 

Personating in Bail. 

§310. (§305.) Personating in bail, judgment, etc. If any person,^§792, ^95^ 
except the attorney of record, shall acknowledge, or procure to be 
acknowledged, in any of the courts of this State or before any 
authorized officer, any recognizance, bail, or judgment in the name 
of any other person not privy or consenting thereto, he shall be pun- 
ished by imprisonment and labor in the penitentiary for not less 
than one year nor longer than four years. 



ARTICLE 5. 

Obstructing Legal Process, and Sentence or Order of Court. 

§311. (§306.) Obstructing legal process. If any person shall ^J^^- ^o^- 
knowingly and willfully obstruct, resist, or oppose any officer of this 
State, or other person duly authorized, in serving or attempting to 
serve or execute any lawful process or order, or shall assault or beat 
any officer, or person duly authorized, in serving or executing any 
process or order aforesaid, or for having served or executed the 
same, he shall be guilty of a misdemeanor. 

§312. (§307.) Obstructing order or sentence after trial. Any per-^J^^Ig^^^^* 
son who shall, by violence, threat of violence, or any other means, ^^^^^' ^^^• 
hinder, obstruct, or interfere with any sheriff, constable, or their 



§§313-318 



EIGHTH DIVISION.— ARTICLE 6. 



64 



Rescue and escapes. 



deputies charged with the duty and engaged in the business of car- 
rying out and executing the sentence or order of court, after trial of 
criminals, while they are in the custody of such officers, shall be 
punished as for a misdemeanor, or by imprisonment in the peniten- 
tiary for not less than one nor more than four years, in the discre- 
tion of the court. This section shall in no way interfere with nor 
affect the penal laws relating to obstructing legal process before 
trial of the persons charged with crime, nor shall it free the officers 
aforesaid from penalties imposed by law for failure to discharge 
their duty. 



Cobb, S06. 



Cobb, S06. 
Acts 1865-6, 
p. 233. 



Cobb, 806. 
Acts 1865-6, 
p. 233. 



Cobb, SOG. 
Acts 1895, 
p. 63. 



Cobb, 801 



Cobb, 807. 



ARTICLE 6. 
Eescue and Escapes. 

§313. (§308.) Rescue defined. Rescue is the forcibly and know- 
ingly freeing of another from arrest or imprisonment. 

§314. (§309.) Rescue. — Criminal process. If any person shall 
rescue another in legal custody on criminal process, he shall, on 
conviction, receive the same punishment as the person rescued 
would, on conviction, be sentenced to receive ; but if the person 
rescued shall have been acquitted of the crime charged against him, 
the person rescuing shall be guilty of a misdemeanor. 

§315. (§310.) Rescue. — Civil process. If any person shall rescue 
another in legal custody on civil process, he shall be guilty of a 
misdemeanor. 

§316. (§311.) Attempt to rescue. If any person shall attempt to 
rescue another in legal custody on criminal process, he shall be pun- 
ished by confinement and labor in the penitentiary for not less than 
one year nor longer than two years. 

§317. (§312.) Assisting to escape from jail. If any person shall 
aid or assist a prisoner lawfully committed or detained in jail for an 
offense against this State, or under any civil process, to make his 
escape from jail, whether such escape be actually effected or not, or 
if any person shall convey or cause to be delivered to such prisoner 
any disguise, instrument, or arms, proper to facilitate the escape of 
such prisoner, he shall be punished by confinement and labor in the 
penitentiary for not less than one year nor longer than four years. 

§318. (§313.) Assisting to escape from custody. If any person 
shall aid or assist a prisoner to escape, or attempt to escape, from 
the custody of an officer or other person who shall have the lawful 



65 EIGHTH DIVISION.— ARTICLE 6. §§319-323 

Rescue and escapes. 

charge of such prisoner, he shall be punished by confinement and 
labor in the penitentiary for not less than one year nor longer than 
five years. 

§319. (§314.) Penalty for escapes in misdemeanor cases. If any^p^*|2!^^^'^' 
person shall be convicted of an offense below the grade of felony Z^"^^' p- ^^^• 
and shall escape from the chain-gang or other place of confinement 
or imprisonment for the violation of any municipal, county, or State 
laws, and be thereafter retaken, he shall be guilty of a misdemeanor. 

§320. (§315.) Aiding to escape. If any person shall aid or assist, ^p^^^^gf^^' 
or attempt to aid or assist, a prisoner to escape, so confined or im- 
prisoned, he shall be guilty of a misdemeanor. 

§321. (§316.) Escape from penitentiary. If any person confinedcobb, ^sot.^ 
in the penitentiary shall escape therefrom, and be thereafter retaken, p- ^s. 
he shall be indicted for an escape, and, on conviction, shall be 
punished by imprisonment and labor in the penitentiary for not less 
than three months nor longer than four years ; and any person who 
shall aid or assist a prisoner confined in the penitentiary to escape, 
or in an attempt to escape therefrom, shall receive the like punish- 
ment. 

§322. (§317.) Voluntary escapes. If any sheriff, coroner, con-^°^^' ^^'^^ 
stable, keeper of a jail, keeper, officer, or other person employed in 
the penitentiary, having any offender, guilty, or accused of, or con- 
fined for any crime, in his custody, shall voluntarily permit or 
suffer such offender to escape and go at large, every such sheriff, 
coronor, constable, keeper of a jail, keeper, officer, or other person 
employed in the penitentiary, shall be punished by confinement and 
labor in the penitentiary for not less than two years nor longer than 
seven years, and shall, if a public officer, be dismissed from office. 

§323. (§318.) Trials for escapes from penitentiary. The trial of^onst.,^ ^^^ 
prisoners escaping from the penitentiary shall be had for such^^^'^P^^^^^- 
escape before the superior court of the county in which the escape §^^^- 
occurs, and prisoners so escaping shall remain in the penitentiary 
and be treated as other convicts, after their apprehension, until 
such trial shall take place ; and upon such trial, the copies of the 
records transmitted to the keeper of the penitentiary, relative to 
the former trials of such prisoners, shall be produced and filed of 
record in the said superior court ; and any other prisoner or convict, 
not included in the same indictment, shall be a competent witness. 



§§324-327 EIGHTH DIVISION.— ARTICLES 7, 8. 66 

Lobbying. Receiving, harboring, and concealing guilty persons, and compounding crimes and penalties. 

ARTICLE 7. 
Lobbying. 

^cts^o^^o^' §324. (§319.) Lobbying defined. Lobbying is any personal solici- 
tation of a member of the General Assembly of this State, during 
a session thereof, by private interview, or letter, or message, or other 
means and appliances, not addressed solely to the judgment, to 
favor or oppose, or to vote for or against any bill, resolution, report, 
or claim, pending or to be introduced in either branch thereof, by 
any person who misrepresents the nature of his interest in the 
matter to such member, or who is employed for a consideration by 
a person or corporation interested in the passage or defeat of such 
bill, resolution, report, or claim, for the purpose of procuring the 
passage or defeat thereof. But this does not include such service as 
drafting petitions, bills, or resolutions, attending to the taking of 
testimony, collating facts, preparing arguments and memorials, and 
submitting them orally, or in writing, to a committee or member of 
the General Assembly, and other services of like character, intended 
to reach the reason of the legislators. 

Acts 1878-9, §325. (§320.) Lobbying, how punished. Lobbying shall be pun- 
ished by confinement in the penitentiary for not less than one year 
nor more than five years. 



ARTICLE 8. 



Receiving, Harboring, or Concealing Guilty Persons, and 
Compounding Crimes and Penalties. 

Cobb, 808. §326. (§321.) Receiving, harboring, guilty persons. If any person 

shall receive, harbor, or conceal any person guilty of a crime pun- 
ishable by death, or imprisonment and labor in the penitentiary, 
knowing such person to be guilty, such person so receiving, harbor- 
ing, or concealing shall be deemed an accessory after the fact, and 
shall be punished by imprisonment and labor in the penitentiary for 
not less than one year nor longer than three years. 

Acts^i876. §327. (§322.) Harboring convicts. If any person shall harbor, 

secrete, entertain, employ, or keep, or shall directly or indirectly 
suffer or permit to be harbored, secreted, entertained, employed, or 
kept, in or about his house or premises, any escaped convict from 
the penitentiary, or any chain-gang of this State, o.r any county 
thereof, knowing such party to be an escaped convict, he shall, if 



67 EIGHTH DIVISION.— ARTICLE 9. §§328-331 



Barratry and embracery. 



such convict be under sentence for felony, be punished by imprison- 
ment and labor in the penitentiary not less than one nor more 
than four years ; and if such escaped convict be under sentence for 
a misdemeanor, such person so harboring, secreting, entertaining, 
employing, or keeping such convict, or permitting the same to be 
done, shall be guilty of a misdemeanor. 

§328. (§323.) Compounding crimes. If any person shall take or^^^''' ^^^• 
receive any money, goods, chattels, lands, or other reward, or prom- 
ise to compound, or shall for any cause compound any crime or 
offense punishable with death or imprisonment and labor in the 
penitentiary, he shall be punished by imprisonment and labor in the 
penitentiary for not less than one year nor longer than five years. 

§329. (§324.) Compounding penalties. If any person, informing^^^^'^l^l-.g^ 
or prosecuting under pretense of any penal law, shall compound with p- ^■'^^• 
the offender, or direct the suit or information to be discontinued, 
unless it be by leave of the court where the same is pending, he 
shall be guilty of a misdemeanor. 



ARTICLE 9. 

Barratry and Embracery. 

§330. (§325.) Barratry defined, punishment. Common barratry ^<'^^' ^^^• 
is the offense of frequently exciting and stirring suits and quarrels 
between individuals, either at law or otherwise. Any person who 
shall be found and adjudged a common barrator, vexing others 
with unjust and vexatious suits, shall be guilty of a misdemeanor. 

§331. (§326.) Attorneys at law soliciting business. Any attorney Acts 1895. 
at law who, by himself or agent, shall orally or by writing, for a 
consideration afterwards to be charged or received, offer or tender 
to another person, without solicitation, his services in order to insti- 
tute a suit or represent such person in the courts of this State or 
of the United States, in the enforcement or collection by law of any 
claim, debt, or demand of any such person against another, and shall 
suggest and urge the bringing of such suit, or who, without solicita- 
tion, shall seek out and propose to another person to present and 
urge, as an attorney at law, the collection of any claim, debt, or 
demand of such person against another, for the collection of which 
said attorney shall be entitled to demand or receive any fee or re- 
ward, shall be indicted for the crime of barratry. 



§§332-336 



EIGHTH DIVISION.— ARTICLE 10. 



68 



Mutiny and instigating mutiny. 



Cobb, 808. 
Acts 1895, 
p. 64. 



Cobb, 808. 



§332. (§327.) Attorneys at law, punishment. An attorney at law 
who shall be convicted of the crime of barratry, under either of the 
preceding sections of this Article, shall be punished as for a misde- 
meanor, and shall also be disqualified from practicing his profession. 

§333. (§328.) Embracery. Embracery is an attempt, whether suc- 
cessful or not, to influence a jury corruptly to one side, by promises, 
persuasions, entreaties, money, entertainments, and the like. Every 
embracer who shall procure, or attempt to procure, a juror to take 
money, gain, or profit, or shall corruptly influence, or attempt to 
influence, a juror, by persuasions, promises, entreaties, or by any 
other means, shall be punished by imprisonment and labor in the 
penitentiary for not less than one year nor longer than four years. 
And the juror convicted of taking money, gain, or profit, or of being 
corruptly influenced as aforesaid, shall be punished by confinement 
and labor in the penitentiary for not less than two years nor longer 
than five years, and shall be forever disqualified to act as a juror. 



Cobb, 810. 



Cobb, 810. 



Cobb, 840. 
§323. 



ARTICLE 10. 

Mutiny and Instigating Mutiny. 

§334. (§329.) Mutiny in penitentiary. If a prisoner in the peni- 
tentiary shall assail, oppose, or resist an officer of the penitentiary, 
or a member of the guard, with a weapon, or implement calculated to 
cause death or serious bodily injury, he shall be deemed guilty of 
mutiny, and shall be punished by an additional term of imprisonment 
and labor in the penitentiary, not less than two years nor longer than 
'G.Ye years, to be computed from the expiration of the term of impris- 
onment and labor to which he shall have been previously sentenced. 

§335. (§330.) Instigating mutiny. If any person shall persuade, 
entice, or instigate a prisoner to mutiny, he shall be punished by con- 
finement and labor in the penitentiary for not less than two years 
nor longer than five years, to be computed, if a prisoner in the peni- 
tentiary, from the expiration of the term of imprisonment and labor 
for which he shall have been previously sentenced. 

§336. (§331.) Convict witnesses on trial for mutiny. On the trial 
of a convict in the penitentiary for the crime of mutiny, any other 
prisoner or convict, not included in the same indictment, shall be 
a competent witness, and the infamy of his character and of the 
crime of which he has been convicted shall be exceptions to his 
credit only. 



69 EIGHTH DIVISION.— ARTICLE 11. §§337-339 

Appointment of peace-officers and detectives. 

ARTICLE 11. 

Appointment of Peace- Officers and Detectives. 

§337. (§332.) Appointment of peace-officers and detectives. No ^p^^y^ ^o-i' 
sheriff, mayor, or other person authorized by law to appoint special 
deputy-sheriffs, constables, marshals, policemen, or other peace- 
officers, or detectives, to preserve the public peace or detect crime, 
shall appoint, as such special deputy, special constable, marshal, 
policeman, or other peace-officer or detective, any person who is not 
a citizen of this State, and no person shall assume or exercise such 
functions, powers, duties, or privileges incident and belonging to 
the office of special deputy-sheriff, special constable, marshal, or 
policeman, or other peace-officer or detective, without first having 
received his appointment in writing from the lawfully constituted 
authorities of the State. 

§338. (§333.) Acting as peace-officer without authority. Any per-^^t|2j^9o-i, 
son who shall, without authority, exercise or attempt to exercise the 
functions of, or hold himself out to any one as, a deputy-sheriff, 
marshal, policeman, constable, or other peace-officer or detective 
shall be guilty of a misdemeanor: Provided, that nothing in this 
Article shall be construed to interfere with the police powers granted ^§^^^' 3<52-3'^5- 
to conductors of passenger-trains. Nor shall this and the preceding 
section apply in times of riot or unusual disturbance, or in other 
instances provided for by law. 

§339. (§334.) Other offenses against public justice. Any other 
offense against public justice, not in this Division provided for, shall 
be a misdemeanor. 



§§340-344 NINTH DIVISION.— ARTICLES 1, 2. 70 

Libel and defamation of virtuous female. Forcible entry and forcible detainer. 

NINTH DIVISION. 

Crimes Against the Public Reace and Tranquillity. 



ARTICLE 1. 

Libel, and Defamation of Virtuous Female. 

Cobb, 812. §340. (§335.) Libel defined. A libel is a malicious defamation, 

expressed either by printing or writing, or signs, pictures, or the 
like, tending to blacken the memory of one who is dead, or the hon- 
esty, virtue, integrity, or reputation of one who is alive, and thereby 
expose him to public hatred, contempt, or ridicule. Every person 
convicted of this offense shall be punished as for a misdemeanor. 

cobi, 812. §341. (§336.) Printer a witness. In all prosecutions under the 

preceding section, the printer or publisher of a newspaper, handbill, 
or other publication containing the offensive or criminal matter 
shall be a competent witness ; and if such printer or publisher shall 
refuse to testify in the cause, or to give up the real name of the 
author or person authorizing and causing the publication, so that he 
may be indicted, then such printer or publisher shall be deemed and 
considered the author himself, and be indicted and punished as such ; 
and may, moreover, be punished for contempt of the court, as any 
other witness refusing to testify. 

Const ^^^' §^^^- (§33'''-) "^^^ *^^^^ ^^ evidence. In all cases of indictment 

n*' Ir T* ^^^ ^ libel, the person prosecuted shall be allowed to give the truth 
in evidence. 

^*^*i89^^^' §343. Defamation of a virtuous female. Any person who shall 

§378. willfully or falsely utter or circulate any defamatory words or state- 

ments derogatory to the fair fame or reputation for virtue of any 
virtuous female shall be guilty of a misdemeanor : Provided, that 
prosecutions can only be instituted by grand juries by bill of indict- 
ment : Provided, this section shall not apply to privileged communi- 
cations as defined in section 4436 of the Civil Code. 



ARTICLE 2. 

Forcible Entry and Forcible Detainer. 

Cobb, ^8^12. §344. (§338.) Forcible entry. Forcible entry is the violently tak- 

§5404. ing possession of lands and tenements with menaces, force and 

arms, and without authority of law. 



71 NINTH DIVISION.— ARTICLE 3. §§345-349 

Carrying concealed weapons ; carrying weapons to courts, election grounds, etc. ; etc. 



§345. (§339.) Forcible detainer. Forcible detainer is the vio-^^^^' ^'^^^ 
lently keeping possession of lands and tenements with menaces, 
force and arms, and without authority of law. 

§346. (§340.) Punishment for forcible entry or detainer.. Any^^jJ^; ^"^^- 
person who shall be guilty of a forcible entry, or a forcible detainer, ^p^^lg^^^^' 
or both, shall be punished as for a misdemeanor; and the court be-^^^^iJ^J^^JJ^. 
fore whom the conviction takes place shall cause restitution of 
possession of the premises to be made to the party aggrieved. If the 
party forcibly detaining lands and tenements, or those under whom 
he claims, shall have been in peaceable possession of the same for 
the space of three years or more, immediately preceding the filing 
of the complaint, he shall not be subject to the penalties of this 
section, nor shall the restitution of possession be made. The only 
questions to be submitted to and determined by the jury in trials 
for forcible entry, or forcible detainer, shall be the possession and 
the force, without regard to the merits of the title on either side. 



ARTICLE 3. 



Carrying Concealed Weapons; Carrying Weapons to Courts, Elec- 
tion Grounds, etc.; Pointing Weapon at Another; 
and Furnishing Weapons to Minors. 

§347. (§341.) Carrying concealed weapons. Any person havingcobb, 848, 

849. 

or carrying about his person, unless m an open manner and fully Acts 1882-3, 
exposed to view, any kind of metal knucks, pistol, dirk, sword in ais^s, p. eo. 
cane, spear, bowie-knife or any other kind of knives manufactured 
and sold for the purpose of offense and defense, shall be guilty of a 
misdemeanor. 

§348. (§342.) Carrying of deadly weapons at courts, etc. Who-^^ts^JsTo, 
ever shall carry about his person any dirk, bowie-knife, pistol ori878-9, p. 64. 
revolver, or any kind of deadly weapon, to or while at a court of ^•^^'•*' p- 9^- 
justice or an election ground or precinct, or any place of public 
worship, or any other public gathering in this State, except militia 
muster grounds, shall be punished as for a misdemeanor. This sec- 
tion shall not apply to a sheriff, deputy-sheriff, coroner, constable, 
marshal, policeman, or other arresting officer, or their posse, acting 
in the discharge of their official duties. 

§349. (§343.) Pointing weapon at another. Any person who shall ^^*^gf^^-^' 
intentionally point or aim a gun or pistol, whether loaded or un- 
loaded, at another, not in a sham battle by the military, and not in 



§§350-353 NINTH DIVISION.— ARTICLE 4. 72 

Preservation of order at parades. 



self-defense, or in defense of habitation, property, or person, or other 
instances standing upon like footing of reason and justice, shall be 
guilty of a misdemeanor. 

Acts^i876. P5Q (§344) Furnishing weapons to minors. If any person shall 

knowingly sell or furnish any minor with a pistol, dirk, bowie-knife, 
or sword-cane, he shall be guilty of a misdemeanor. Nothing herein 
contained shall be construed as forbidding the furnishing of such 
weapons under circumstances justifying their use in defending life, 
limb, or property. 



ARTICLE 4. 
Preservation of Order at Parades. 

"^p.^iio^^^"^' §^^^- (§3^5) Commanding officer may arrest disturbers. The offi- 
1895, p. 63. QQj. commanding any detachment, company, or battalion at any 
parade, or during the performance of any other duty ordered by 
proper authority, shall have authority to arrest and place under con- 
finement, during the continuance of such duty, any person who shall 
in any way willfully disturb or interrupt the peaceable and orderly 
proceedings of such detachment, company, or battalion, and such 
person shall, moreover, be guilty of a misdemeanor. 

a'Ss" S §352. (§346.) Interfering with officer or soldier on duty. If a by- 

^' ^^' stander, or person not connected with the military, shall molest, 

interrupt, or insult any officer or soldier, while on duty, at any mus- 
ter or parade, he shall be guilty of a misdemeanor, and the com- 
manding officer, where such offense may happen, shall have power to 
confine such person under guard until the close of such parade or 
muster. 

^p^^lg^^^^' §353. (§347.) Commander may confine person disturbing military. 

The commanders of companies, battalions, regiments, brigades, or 
divisions, when on duty with their respective commands or parts 
thereof, shall have power, in their discretion, to arrest and confine, 
not exceeding the period for which they were on duty, any person 
who shall, upon or near any parade ground, field, public highway, or 
any other place occupied by any portion of the military force under 
arms, by means of ludicrous disguise, dress, arms, and instruments, 
noise, or other means, disturb the peaceable and orderly proceedings 
of those under arms, and such offender shall be guilty of a misde- 
meanor. 



73 NINTH DIVISION.— ARTICLE 5. §§354-358 



Duelling. 



ARTICLE 5. 

Duelling. 

§354. (§348.) Duelling. If any person shall deliberately chal-^'^^' ^n. 
lenge, by word or writing, the person of another, to fight with sword, ^- 63. 
pistol, or other deadly weapon, or if any person so challenged shall 
accept the challenge, the person so giving, or sending, or accepting 
such challenge shall be punished by imprisonment and labor in the 
penitentiary for not less than one year nor longer than two years. 

§355. (§349.) Seconds, same punishment. If any person shall cobb, sn. 
knowingly and willfully carry and deliver any written or printed 
challenge, or verbally deliver any message or challenge to another, 
to fight with sword, pistol, or other deadly weapon, or shall consent 
to be a second in any such duel or combat, he shall be punished as 
prescribed in the preceding section. 

§356. (§350.) Fighting a duel. If any person shall be engaged in^^^''' ^^^• 
the act of fighting a duel, with sword, pistol, or other deadly weapon, 
either as principal or second, he shall be punished by imprisonment 
and labor in the penitentiary for not less than four years nor longer 
than eight years : Provided, that if death should ensue from such 
duel, then all the parties, both principals and seconds, shall be guilty 
of murder, and suffer the punishment of death ; but the punishment 
may be commuted in conformity with the provisions of section 63 
of this Code. 

§357. (§351.) Officers knowing and not preventing duels. If any^°^^' ^^^• 
justice, or other public officer bound to preserve the public peace, 
shall have knowledge of an intention in any person or persons to 
fight with any deadly weapon, and shall not use and exert his offi- 
cial authority to arrest "bhe parties and prevent the duel, by binding 
them over to keep the peace toward each other, such officer shall, on 
conviction, be dismissed from office. 

§358. (§352.) Proclaiming as a '^coward," etc., in print. If any^^^^' ^^^• 
person shall, in any newspaper or handbill, written or printed, pub- 
lish or proclaim any other person as a coward, or use any other 
opprobrious and abusive language for not accepting a challenge or 
fighting a duel, he shall be guilty of a misdemeanor. 



§§359-362 



NINTH DIVISION.— ARTICLES 6, 7. 



74 



Unlawful assemblies, riots, and affrays. Mob violence. 



Cobb, 810. 



Cobb, 811. 
Acts 1865- 
p. 233. 



Cobb, 811. 
Acts 1865-6, 
p. 233. 



ARTICLE 6. 

Unlawful Assemblies, Riots, and Affrays. 

§359. (§353.) Unlawful assemblies. If two or more persons assem- 
ble for the purpose of disturbing the public peace, or committing 
any unlawful act, and do not disperse on being commanded to do so 
by a judge, justice, sheriff, constable, coroner, or other peace-officer, 
such persons shall be guilty of a misdemeanor. 

§360. (§354.) Riot. If two or more persons do an unlawful act 
of violence, or any other act in a violent and tumultuous manner, 
they shall be guilty of a riot, and be punished as for a misde- 
meanor. 

§361. (§355.) Affrays. An affray is the fighting of two or more 
persons in some public place, to the terror of the citizens and dis- 
turbance of the public tranquillity. Persons so offending shall be 
guilty of a misdemeanor; and it shall be considered a great aggra- 
vation of this offense if any contempt or disobedience of the magis- 
trate, or other peace-officer commanding the peace, shall be proved. 



Acts 1893, 

p. 128. 
§§338, 1434- 

1440. 



ARTICLE 7. 

Mob Violence. 

§362. (§356.) Duty of officer knowing of attempted mob violence 
upon citizen. Whenever any officer, charged with the duty of pre- 
serving the peace and executing the lawful warrants of this State, 
has knowledge of any violence attempted to be perpetrated upon 
any citizen of this State by mob violence and Avithout due authority 
of law, it shall be his duty to summon t6 his assistance, either in 
writing or verbally, when necessary, any of the citizens of the neigh- 
borhood or county, whose duty it shall be to prevent such mob 
violence, if in their power to prevent it, and they shall use every 
means in their power to prevent it. It shall be the duty of the 
sheriff or other officer charged with this duty, and of the posse sum- 
moned as aforesaid to the end of suppressing a riot or preventing 
mob violence, to arrest the persons engaged in the same and place 
them in the common jail of the county, or other place of safety, 
to be dealt with as the law directs ; and any person so engaged in 
mobbing or lynching any citizen of this State without due process of 
law shall be punished by imprisonment in the penitentiary for not 
less than one nor longer than twenty years, and should death result 



75 NINTH DIVISION.— ARTICLE 8. ' §§363-366 



other offenses against public peace. 



from such mob violence, then the person causing said death shall 
be subject to indictment and trial for the offense of murder. 

§363. (§357.) Failure of officer to try to suppress mob violence>cts 1893, 

p. 128. 

Any sheriff or other arresting officer having knowledge of a meet- 
ing or assembling together of any citizens of this State for the pur- 
poses set forth in the preceding section, and failing to attempt in 
good faith to suppress the same, either by himself or by summoning 
a posse as prescribed in said section, shall be guilty of a misde- 
meanor. 

§364. (§358.) Failure to assist officer by person summoned. Any ^p^^^gs.^^^' 
person thus summoned, who shall fail or refuse to respond to the 
officer's summons, and assist in suppressing any mob violence being 
committed, or about to be committed a's aforesaid (unless such per- 
son is physically unable to respond), shall be guilty of a misde- 
meanor. 

§365. (§359.) Persons summoned to bring firearms. Whenever ^cts^isos, 
any citizen of this State shall be summoned as aforesaid, it shall be 
the duty of the officer so summoning to notify such person to bring 
with him such firearms or other weapons as are necessary to be used 
in suppressing such mob violence, and it shall be the duty of such 
person to respond promptly with such arms or weapons as he may 
be able to procure ; and th'e arresting officer or his posse may, if the 
exigency of the case require, in order to prevent human life from 
being taken by mob violence, take the life of any person attempting 
mob violence, in order to prevent it : Provided, life shall not be 
taken, unless it be necessary to save the life of the person being 
mobbed, or to protect the lives of such arresting officer or his 
posse. 



AETICLE 8. 

Other Offenses Against Public Peace. 

§366. (§375.) Other offenses against public peace. All other ^*'^^' ^^^• 
offenses against the public peace, not herein provided for, are mis- 
demeanors. 



§§367-371 



TENTH DIVISION.— ARTICLES 1, 2. 



76 



Bigamy, Incest. 



Cobb, 814. 



Cobb, 814. 



Cobb, 814. 



Cobb, 814. 



TENTH DIVISION. 



Offenses Against Public Morality and Decency, Public Health, 

Public Safety and Convenience, Public Trade, 

Public Policy, Suffrage, Public Police. 



ARTICLE 1. 

Bigamy. 

§367. (§376.) Polygamy and bigamy. Polygamy, or bigamy, con- 
sists in knowingly having a plurality of husbands or wives at the 
same time. 

§368. (§377.) Punishment, if before married. If any person being 
married shall marry another person, the lawful husband or wife be- 
ing alive, and knowing that such lawful husband or wife is living, 
such person so offending shall be punished by confinement at labor 
in the penitentiary for not less than two years nor longer than four 
years, and the second marriage shall be void. 

§369. (§378.) Exceptions. — Five years absence. Five years ab- 
sence of the husband or wife, and no information of the fate of such 
husband or wife, shall be sufficient cause of acquittal of the person 
indicted under the preceding section; and the issue of such second 
marriage, born before the commencement of any prosecution for 
polygamy, or within the ordinary time of gestation thereafter, shall, 
notwithstanding the invalidity of such marriage, be considered as 
legitimate. 

§370. (§379.) Punishment, if before unmarried. If any unmar- 
ried man or woman shall knowingly marry the wife or husband of 
another, such man or woman shall be punished by imprisonment and 
labor in the penitentiary for not less than one year nor longer than 
three years. 



Cobb, 814. 
Acts 1886, 
p. 30. 



ARTICLE 2. 

Incest. 

§371. (§380.) Incest. If any person shall commit incestuous forni- 
cation or adultery, or intermarry within the Levitical degrees of 



77 TENTH DIVISION.— ARTICLES 3, 4. §§372-377 



Adultery and fornication. Sodomy and bestiality. 



consanguinity, or within any of the relationships, by affinity, enum- 
erated in section 2932 of the Civil Code, such person shall be pun- 
ished by imprisonment and labor in the penitentiary for not less 
than one nor longer than three years, and such marriage shall be 
void. 



ARTICLE 3. 

Adultery and Fornication. 

§372. (§381.) Adultery and fornication. Any man and woman ^gis.' ^^^' 
who shall live together in a state of adultery or fornication, or of 
adultery and fornication, or who shall otherwise commit adultery or 
fornication, or adultery and fornication, shall be severally indicted, 
and shall be severally punished as for a misdemeanor; but it shall, 
at any time, be within the power of the parties to prevent or suspend 
the prosecution and the punishment by marriage, if such marriage 
can be legally solemnized. 



ARTICLE 4. 

Sodomy and Bestiality. 

§373. (§382.) Sodomy. Sodomy is the carnal knowledge and con-^^^^' '^^'^^ 
nection against the order of nature, by man with man, or in the 
same unnatural manner with woman. 

§374. (§383.) Penitentiary for life. The punishment of sodomy ^«^^' '^s^- 
shall be imprisonment at labor in the penitentiary for and during 
the natural life of the person convicted. 

§375. (§384.) Bestiality. Bestiality is the carnal knowledge and^*^^^- '^^'^• 
connection against the order of nature, by man or woman in any 
manner with a beast. 

§376. (§385.) Punishment. The punishment of bestiality shall be 2?ts'i88o-i. 
imprisonment in the penitentiary for not less than five years nor p- '^^• 
more than twenty years. 

§377. (§386.) Attempt. An attempt to commit sodomy or bes-^''^^' '^^^• 
tiality shall be a misdemeanor. 



S§ 378-381 



TENTH DIVISION.— ARTICLES 5, 6. 



78 



Seduction. Keeping open tippling-houses on the Sabbatli, lewdness, lewd houses, disorderly houses, etc. 



Acts 1893, 
p. 39. 
§343. 



Acts 1893, 

p. 39. 
1899, pp. 42. 

43. 

§1142. 



Acts 1893. 
p. 89. 

§1183. 



ARTICLE 5. 

Seduction. 

§378. (387.) Seduction, and punishment. If any person shall, by 
persuasion and promises of marriage or other false and fraudulent 
means, seduce a virtuous unmarried female and induce her to yiold 
to his lustful embraces and allow him to have carnal knowledge of 
her, he shall be punished by imprisonment and labor in the peniten- 
tiary for not less than two nor longer than twenty years. 

§379. (§388.) Prosecution may be stopped by marriage. A prose- 
cution under the preceding section may be stopped at any time be- 
fore arraignment and pleading, and not otherwise, by the marriage 
of the parties, or a bona fide and continuing offer to marry on part 
of the seducer : Provided, that the seducer shall, at the time of 
obtaining the marriage license from the ordinary of the county of 
the female's residence, give a good and sufficient bond in such sum 
as said ordinary may deem reasonable and just, taking into con- 
sideration the condition of the parties, payable to said ordinary and 
his successors in office, and conditioned for the maintenance and 
support of the female and her child or children, if any, for the 
period of five years. If the defendant is unable to give the bond, 
the prosecution shall not be at an end until he shall live with the 
female, in good faith, for five years. In case the defendant fails 
to comply with the provisions of this section, the wife shall be a 
competent witness to testify against the husband, except in cases 
pending on December 20th, 1899. 

§380. (§389.) Filing the bond and suit thereon. The bond, when 
so executed and approved by the ordinary, shall be filed in his 
office and recorded on his minutes ; and upon the failure of the 
defendant to comply with its terms, suit may be brought thereon. 



Cobb, 815. 
Acts 1865-6, 
p. 233. 



ARTICLE 6. 

Keeping Open Tippling-Houses on the Sabbath, Lewdness, Lewd 
Houses, Disorderly Houses, and Opium Joints. 

§381. (§390.) Lewdness, and tippling-houses. Any person who 
shall be guilty of open lewdness, or any notorious act of public in- 
decency tending to debauch the morals, or of keeping open tippling- 
houses on the Sabbath day, or Sabbath night, shall be guilty of a 
misdemeanor. 



79 TENTH DIVISION.— ARTICLE 7. §§382-386 



Obscene pictures, and abusive and vulgar language. 



§382. (§391.) Lewd houses. If any person shall maintain and^J^^'^^^^glg 
keep a lewd house, or place for the practice of fornication or adul- p- 2^^- 
tery, either by himself or others, he shall be guilty of a misde- 
meanor. 

§383. (§392.) Disorderly houses. Any person who shall keep and ^^^^'^l^g^-g 
maintain, either by himself or others, a common, ill-governed, and p- ^^^• 
disorderly house, to the encouragement of idleness, gaming, drink- 
ing, or other misbehavior, or to the common disturbance of the 
neighborhood or orderly citizens, shall be guilty of a misdemeanor. 

§384. (§393.) Opium joints prohibited. Any person who shall ^p'^^lgi^^^^' 
keep, set up, maintain, or open any house, room, or place of any 
description, for the smoking of opium or any preparation thereof, 
shall be guilty of a misdemeanor. 



ARTICLE 7. 
Obscene Pictures, and Abusive and Vulgar Language. 

§385. (§394.) Use of obscene pictures. If any person shall bring, ^^^s^ists-^, 
or cause to be brought, into this State for sale or exhibition, or shall 
sell or offer to sell, or shall give away or offer to give away, or hav- 
ing possession thereof shall knowingly exhibit to another any in- 
decent pictorial newspaper tending to debauch the morals, or any 
indecent or obscene book, pamphlet, paper, drawing, lithograph, en- 
graving, daguerreotype, photograph, picture, or any model, cast, in- 
strument, or article of indecent and obscene use, or shall advertise 
any of said articles or things for sale, by any form of notice, printed, 
written, or verbal, or shall manufacture, draw, or print any of said 
articles, with intent to sell or expose or to circulate the same, he 
shall be guilty of a misdemeanor. 

§386. (§395.) Obscene prints, etc. If in a public place, on any^cts^is^s-e, 
fence or wall, or other surface contiguous to the public street, or on 
the floor or ceiling or on the inner or outer wall of any closet, room, 
passage, hall, or any part of any hotel, court-house, church, school, 
station-house, depot for freight or passengers, capitol, or other build- 
ings devoted or open to other or like public uses, or on the walls of 
any outbuilding or other structure pertaining thereto, and fre- 
quented by the users thereof, any person shall make or cause to be 
made any obscene drawing or picture, or obscene writing or print, 
liable to be seen of others passing or coming near the same, he shall 
be guilty of a misdemeanor. 



§§387-392 



TENTH DIVISION.— ARTICLE 8. 



80 



Gaming-houses, gaming-tables, and gambling. 



^cts^i865-6. §387. (§396.) Using abusive or obscene language. Any person 
i87r' ^' 25 ^^^ shall, without provocation, use to or of another, and in his pres- 
1890-1, p. 83. ence, opprobrious words or abusive language, tending to cause a 
breach of the peace, or who shall, in like manner, use obscene and 
vulgar or profane language in the presence of a female, or by inde- 
cent or disorderly conduct in the presence of females on passenger- 
cars, street-cars, or other places of like character, shall be guilty of 
a misdemeanor. 



Acts 1890-1, 

p. 83. 
1872, p. 9. 
1875, p. 25. 



§388. (§397.) Jurisdiction of above offenses. Offenses mentioned 
in the preceding section, which are not committed on passenger-cars, 
street-cars, or other places of like character, shall not be inquired 
into by any court, except upon presentment made, or indictment 
found, by the grand jury. 



Cobb, 815. 
Acts 1865-6, 
p. 233. 
1884-5, p. 59. 
§395. 



ARTICLE 8. 

Gaming-Houses, Gaming-Tables, and Gambling. 

§389. (§398.) Gaming-houses. If any person shall, by himself, 
servant, or agent, keep, have, use, or maintain a gaming-house or 
room, or shall in any house, place, or room, occupied by him, permit 
persons, with his knowledge, to come together and play for money 
or any other valuable thing at any game or device for the hazarding 
of money or other thing of value, he is guilty of a misdemeanor. 

§390. (§398.) Knowingly renting or letting for such purposes. If 
any person shall, by himself, servant, or agent, knowingly rent or 
let any house or room with the view or expectation of the same 
being used for the purpose mentioned in the preceding section, he 
shall be guilty of a misdemeanor. • 

§391. (§400.) Gaming-tables. If any person shall, by himself or 
servant or other agent, keep or employ any table of whatever name, 
kind, or description, for gaming, and shall, by himself, servant, or 
agent, preside or deal at, or use, any such table for the purpose of 
playing and betting at the same, he, his servant, and agent, so 
offending, shall be guilty of a misdemeanor. 

§392. (§401.) Gambling. If any person shall play and bet for 
money, or other thing of value, at any game played with cards, 
830?'^' ^' ^^^' <iice, or balls ; or shall play and bet for money, or other thing of 
value, at any table of whatever name, kind, or description, for gam- 
ing ; or shall bet at any game of nine-pins, or any other number of 
pins, or at any billiard or pool-table, he shall be guilty of a misde- 
meanor. 



Cobb, 815. 
Acts 1880-1, 
pp. 72, 73. 
1853-4, p. 86. 
1859, p. 59. 
1865-6, p. 233. 
§395. 



Cobb, 819, 

820. 
Acts 1859, 

p. 59. 



§395 



81 TENTH DIVISION.— ARTICLE 9. §§393-398 

Lotteries, gift enterprises, dealing in futures, and trading-stamps. 

§393. (§402.) With minors. Any person keeping a table, or deal-^^^^lg^^^^-^' 
ing at a game, as above specified, who shall permit any minor to§^^^- 
play and bet thereat, or any person of full age who shall gamble , 
with a minor at any of the games above specified, shall be guilty of 
a misdemeanor. 

§394. (§403.) With clerks and bank officers. The provisions of the 
preceding section shall extend to all persons gaming with the officer 
or agent of any bank intrusted with any of its funds, or any clerk 
in any post-office in this State. 

§395. (§404.) Players competent witnesses. On the trial of any<^|J^' '^^5- 
person for offending against sections 389, 391, 392, 393, and 394 of 
this Article, any other person who may have played and bet at the 
same time or table shall be a competent witness, and be compelled 
to give evidence ; and nothing then said by such witness shall at any 
time he received or given in evidence against him in any prosecu- 
tion, except on an indictment for perjury in any matter to which 
he may have testified. 

§396. (§405.) Suspected rooms or houses may be broken open.^'^^^* ^^^* 
Any lawful officer, with legal authority, may break open suspected 
rooms or houses where it is commonly known that gaming is car- 
ried on, and may take any person found gaming, and bind or cause 
him to be bound over to the next superior court to be held for the 
county where such offense may be committed ; and if he shall fail or 
refuse to give security for his appearance at court to answer for such 
offenses, he shall be committed to jail. 



ARTICLE 9. 

Lotteries, Gift Enterprises, Dealing in Futures, and Trading-stamps. 

§397. (§406.) Lottery tickets. If any person, either by himself or^^^Jg^^^^"^' 
his agent, shall sell or offer for sale, or procure for or furnish to 
any person any ticket, number, combination, or chance, or any- 
thing representing a chance, in any lottery, gift enterprise, or other 
similar scheme or device, whether such lottery, gift enterprise, or 
scheme shall be operated in this State or not, he shall be guilty of a 
misdemeanor. 

§398. (§407.) Carrying on a lottery. No person, by himself or^p^*|j|^'^'^' 
another, shall keep, maintain, employ, or carry on any lottery in this 
State, or other scheme or device for the hazarding of any money or 
valuable thing. 



§§399-404 



TENTH DIVISION.— ARTICLE 9. 



82 



Lotteries, gift enterprises, dealing in futures, and trading-stamps. 



Acts 1877, 
p. 112. 



Acts 1877, 
p. 112. 



Acts 1889, 
p. 187. 



Acts 1889, 
p. 187. 



Acts 1906, 
p. 95. 



Acts 1909, 
p. 153. 



§399. (§408.) Lottery-wheels, turning. No person, by himself or 
another, shall turn any lottery-wheel, or draw therefrom any ball, 
, number, letter, or other thing indicating the decision of any chance 
or hazard of the lottery, or in anywise be present, aiding and assist- 
ing in the working, turning, or drawing thereof. 

§400. (§409.) Penalty. Any person offending against the pro- 
visions of the two foregoing sections, or either of them, shall be 
guilty of a misdemeanor. 

§401. (§410.) Unlawful to advertise lottery, etc. If any person 
shall print, advertise, or publish any lottery, gift enterprise, or 
other scheme for the hazarding of money or other thing of value, for- 
bidden by the laws of this State, or the result of the drawing of 
prizes or distribution of gifts therein, either by newspaper advertise- 
ments or written or printed posters, dodgers, or circulars, or cause 
the same to be done, he shall be guilty of a misdemeanor. 

§402. (§411.) What constitutes a prima facie case against publish- 
ers. "Whenever any advertisement or publication in a journal or 
newspaper in this State, contrary to the provisions of the foregoing 
section, shall be proved in any criminal trial or proceeding against 
the publisher, owner, or manager of said journal or newspaper, it 
shall create a prima facie case against him, and shall authorize a 
conviction unless the defendant shall show by testimony, satisfac- 
tory to the jury, that he did not cause, authorize, or knowingly per- 
mit the publication or advertisement. 

§403. Dealing in futures. "Whoever shall violate sections 4257 or 
4259 of the Civil Code, relating to dealing in futures, shall be guilty 
of a misdemeanor. 

§404. Trading-stamps. It shall be a misdemeanor for any per- 
son, firm, or corporation to issue or give away, in connection with 
the sale of any article of goods, wares, or merchandise, any stamp, 
commonly called a trading-stamp, or other like device, which said 
stamp or other like device would entitle the holder thereof to re- 
ceive, from some other person or party than the vendor, any indefi- 
nite or undescribed thing, the nature or value of which was unknown 
to the purchaser at the time of the purchase of said article of goods, 
wares, or merchandise. 



83 TENTH DIVISION.— ARTICLES 10, 11, 12. §§405-408 

Cock-fighting. Minors not to play billiards, pool, or ten-pins, etc. Human bodies, embalming, etc. 

ARTICLE 10. 

Cock-Fighting. 

§405. (§412.) Cock-fighting or betting on same. Any person who-^-^t^gi^^^' 
shall, for sport or gaming purposes, fight or cause to fight any chick-i^so-^' p- 225. 
ens, cocks, or other fowls, or who shall maintain, keep, or carry on 
any cock-pit, or other similar place for the fighting of chickens, 
cocks, or other fowls, or who shall bet, wager, or stake any sum of 
money or other thing of value on the result of any such fight or con- 
test, in this State, shall be guilty of a misdemeanor. 



ARTICLE 11. 



Minors Not to Play Billiards, Pool, or Ten-Pins, Without Consent of 

Parents, etc. 

§406. (§413.) Minors not to play or roll on billiard-table, pool- Acts^iseg, 
table, or ten-pin alley. Any owner or person controlling a billiard- isQ^, p. 37. 
table, pool-table, or ten-pin alley, who shall permit any minor to play 
or roll on the same, without the consent of the parent or guardian, 
shall be punished by a fine not to exceed one hundred dollars for 
each offense, or imprisonment twenty days, or both, at the discretion 
of the court. 



ARTICLE 12. 

Human Bodies, Embalming Illegally, and Cemeteries. 

§407. (§414.) Illegal traffic in human bodies. Whoever shall sell^p%^^^^' 
or buy such body as is required by law to be delivered to a board^*^j^^^_^<^J|^^ 
for the distribution and delivery of dead bodies, or any other dead 
human body, or in any Avay traffic in the same, or shall transmit 
or convey, or procure the same to be done, such body, or any other 
dead human body, to any place outside of this State for purposes of 
sale or dissection, shall be punished by imprisonment and labor in 
the penitentiary not less than one nor more than ten years. 

§408. (§415.) Illegal removal from grave. Whoever shall re-Acts'iSI-e, 
move the dead body of a human being from any grave or other place^g-g^^^* g^ 
of interment, or from any vault, tomb, sepulchre, or from any other 
place, for the purpose of selling or dissecting the same, or from mere 
wantonness, shall be punished by imprisonment and labor in the 



§§409-413 TENTH DIVISION.— ARTICLE 13. 84 

Disturbing divine service, or societies, violating tlie Sabbath, intruding on camp-grounds, etc. 

penitentiary not less than one nor more than ten years ; and any per- 
son who shall receive or purchase any dead human body, knowing it 
to have been so disinterred or removed from any tomb, vault, or 
sepulchre, or such other place, for the purpose aforesaid, shall re- 
ceive the same punishment. 

^p*9o^^^^' §409. (§416.) Omission to perform duties, as to cemeteries. Any 

person having duties enjoined upon him by the provisions of sections 
1755, 1756, 1757, 1758, 1759, and 1760 of the Civil Code, who shall 
refuse or omit to perform the same, shall be guilty of a misde- 
meanor. 

§410. (§417.) Disinterring by coroner without good grounds. If 

any person makes affidavit to facts to authorize the coroner to dis- 
inter a body, or the coroner does so of his own motion, and it is done 
without good grounds, or from malice or mischief, the person so 
swearing, or the coroner so officiating, shall be punished as for a 
misdemeanor. In such cases all the circumstances shall go to the 
jury ; and if they believe there were reasonable grounds for the dis- 
interment at the time it took place, it is their duty to acquit. 

Acts ^1899, §411. Embalming — illegally practicing. Any person who shall 

practice or hold himself as practicing the science of embalming with- 
out having complied with the provisions of section 1718 of the Civil 
Code, relating to a license, shall be guilty of a misdemeanor, and 
shall be punished by a fine of not less than fifty dollars nor more 
than one hundred dollars for each offense. Such fines shall be paid 
into the common-school fund of the State. 



ARTICLE 13. 



Disturbing Divine Service, or Societies, Violating the Sabbath, 
Intruding on Camp-grounds, Disturbing Schools, 

Dance-Halls. 

Acta' 1851-2 §^12. (§418.)' Interfering with religious worship. Any person 

1865^-6^* 233 ^^^ shall, by cursing or using profane or obscene language, or by 

1859* ^)' 62^* being intoxicated,, or oth^erwise indecently acting, interrupt, or in 

any manner disturb, a congregation of persons lawfully assembled 

for divine service, and until they are dispersed from such place of 

worship, shall be guilty of a misdemeanor. 

^p.*272f^^"^' §413. (§419.) Social and other societies protected. The preced- 
XS95, p. 63. ^j^g section and also section 435 of this Code shall apply to all socie- 



85 TENTH DIVISION.— ARTICLE 13. §§414,415 

Disturbing divine service, or societies, violating the Sabbath, intruding on camp-grounds, etc. 

ties, whether social, charitable, secret, Masonic, or by whatever name 
they may be called. 

§414. (§420.) Running freight-trains on Sabbath. If any freiglit-cobb, 399. 
train, excursion-train, or other train than the regular trains run for p. 338. 
the carrying of the mails or passengers, shall be run on any railroad 
on the Sabbath day, the superintendent of transportation of such 
railroad company, or the officer having charge of the business of that 
department of the railroad, shall be liable to indictment in each 
county through which such train shall pass, and shall be punished as 
for a misdemeanor. 

The foregoing provisions shall not extend to — 

1. A train which has one or more cars loaded with live stock, and Acts ists, 
which is delayed beyond schedule time. Such train shall not be 
required to lay over on the line of road during Sunday, but may run 

on to the point where, by due course of shipment or consignment, 
the next stock-pen on the route may be, where such animals may be 
fed and watered, according to the facilities usually afforded for such 
transportation, 

2. A freight-train running -over a road on Saturday night, if the Acts 1874, 
time of its arrival at destination, according to the schedule by which 

it started on the trip, be not later than eight o'clock Sunday morn- 
ing. 

3. Special fruit, melon, and vegetable trains, the cars of which Acts 1894, 
contain no other freight except perishable fruits, melons, vegetables, 

fresh fish, oysters, fresh meats, live stock, and other perishable goods 
of a like character, and which trains shall be loaded and leave the 
station from which they start in this State before the hour of mid- 
night on Saturday night previous to the Sunday on which they are 
operated. No company shall be compelled to run the trains men- 
tioned in this paragraph, and all freight-trains or cars thus loaded 
and coming into this State may run to any point of destination in 
this State or continue their run through the State on Sunday. 

4. Trains on railroads where the line of said railroad begins andActs 1899, 

D 88 

ends in another State, and does not run a distance greater thani897, p. ss. 
thirty miles through this State. 

§415. (§421.) Proof on the trial. On the trial for the violation of 
the preceding section, it shall not be necessary to allege or prove 
the name of any employee engaged on such train, but it shall be 
sufficient to prove that the train was run. The defendant may jus- 
tify himself by proving that such employees acted in direct viola- 
tion of his orders and rules. 



^§416-424 TENTH DIVISION.— ARTICLE 13. 86 

Disturbing divine service, or societies, violating the Sabbath, intruding on camp-grounds, etc. 

Acts' 1865-6, 5^1^- (422.) Violating the Sabbath day. Any person who shall 
p. 233. pursue his business, or the work of his ordinary calling, on the 

Lord's day, works of necessity or charity only excepted, shall be 
guilty of a misdemeanor. 

^p%c)]^'^^' §417. (§423.) Hunting on Sunday. Any person who shall hunt 

any kind of game with gun or dogs, or both, on the Sabbath day shall 
be guilty of a misdemeanor. 

1?!*io7.^^^' §418. Discharging gun or pistol on Sunday. Any person who shall 

willfully or wantonly fire off or discharge any loaded gun or pistol 
on Sunday, except in defense of person or property, shall be guilty 
of a misdemeanor. 



lJ!*i23!^^^' §419. Fishing on Sunday. Any person who shall fish or attempt 

§600. ^Q catch any kind of fish with hook and line, nets, gigs, or by any 

other manner or means, in any of the waters or streams within the 
State of Georgia on the Sabbath day, shall be guilty of a misde- 
meanor. 

^p'^^iiS!^^' §420. Causing convict to work on Sunday. Any warden or other 

prison official who shall cause any convict to do any work on Sun- 
day, except works of necessity, shall be guilty of a misdemeanor. 

1?.*i54^^^' §421. (§424.) Indecent bathing. Any person who shall bathe in 

1895, p. 63. a stream or pond of water on the Sabbath day, in view of a road or 

passway leading to or from a house of religious worship, shall be 

guilty of a misdeijieanor. 

'^p'^^iTQ^^^' §422. (§425.) Intrusion on camp-grounds. If any person shall 

camp upon a camp-ground used for religious purposes and having 
its boundary lines plainly marked by stakes, posts, or otherwise, ex- 
cept during the progress of religious services, without the consent of 
the trustees or other person in charge of such grounds, or if any 
person shall place an animal of any kind within any booth, tent, 
stall, or arbor on such camp-ground, Avithout the consent of the 
owner or the person in charge of the same, he shall be guilty of a 
misdemeanor. 

§423. (§426.) Vending near camp-grounds. If any person shall 
vend or expose to sale anything whatever, within one mile of the 
place of worship in a camp-ground and during the period of divine 
worship thereat, without the written consent of a majority of the 
trustees, commissioners, or owners of such camp-ground, he shall be 
guilty of a misdemeanor. 

"^p^^iM^^^"^' §424. (§427.) Interfering with schools. Any person who shall 
willfully interrupt or disturb any public school, private school, or 



87 TENTH DIVISION.— ARTICLE 14. §§425,426 



Manufacture and sale of intoxicants and regulations as to liquors, and substitutes for intoxicants. 

Sunday-school, or any assemblage or meeting of any such school, 
lawfully and peacefully held for the purpose of scientific, literary, 
social, or religious improvement, either within or without the place 
where such school is usually held, shall be guilty of a misdemeanor. 

§425. Dance-halls or places of amusement. If any person shall^p^^^os^^^' 
carry on, maintain, or operate any public dance-hall or place of pub- 
lic amusement for profit beyond the limits of any incorporated town 
in any county of this State having a city of a population of eighty 
thousand or more, without first obtaining the written consent of 
one half of the freeholders living within a radius of two miles of 
the place at which said public dance-hall or public place of amuse- 
ment is to be maintained and operated, he shall be guilty of a mis- 
demeanor. This section shall not apply to religious or educational 
entertainments. 



ARTICLE 14. 



Manufacture and Sale of Intoxicants, and Regulations as to Liquors, 
and Substitutes for Intoxicants. 

§426. Prohibition as to intoxicating liquors. From and after the Acts 1907, 
first day of January, 1908, it shall not be lawful for any person 
within the limits of this State to sell or barter for valuable considera- 
tion, either directly or indirectly, or give away to induce trade at 
any place of business, or keep or furnish at any other, public places, 
or manufacture, or keep on hand at their place of business any 
alcoholic, spirituous, malt, or intoxicating liquors, or intoxicating 
bitters, or other drinks which, if drunk to excess, will produce in- 
toxication; and any person .so offending shall be guilty of a misde- 
meanor. Nor shall it be lawful in the limits of said State for in- 
toxicating liquors to be sold in dispensaries, and the sale of intoxica- 
ting liquors in said State shall be prohibited to private persons and 
to the State, its officers, and agents. Provided, that licensed drug- 
gists may sell and furnish pure alcohol, for medicinal purposes only, 
upon written prescription of a regular practicing physician of this 
State, in the manner herein prescribed, to wit : Before any physician 
shall issue any such prescription he shall make an actual examina- 
tion of the person for whom the prescription is granted. The pre- 
scription shall be substantially in the following form: ''Georgia, 

county. I, , a regular practicing physician 

under the laws of said State, do hereby prescribe for the use of 

, a patient in my charge, whom I have personally examined, 

of pure alcohol, and do certify in my opinion that the same 



§§427-432 TENTH DIVISION.— ARTICLE 14. 88 



Manufacture and sale of intoxicants and regulations as to liquors, and substitutes for intoxicants. 

is necessary in the alleviation or cure of illness from which said 
patient is suffering. This" (date). (Signed by the physician.) 

§427. Prescription, when to be filled, how recorded, etc. No pre- 
scription shall be filled hereunder except upon the day upon which 
it is dated and issued, or upon the following day. "Within ten days 
after the same is filled by the druggist he shall file said prescription 
for record with the ordinary of the county in which filled, who 
shall cause the same to be recorded in his office ; and a certified copy 
of the same, or the original prescription showing it has been re- 
corded, shall be primary evidence in any court in this State. The 
record containing such prescriptions shall be open to public inspec- 
tion. A recording fee of five cents for each prescription so recorded 
shall be paid by such druggist to the ordinary. 

§428. Further regulations as to prescription. No druggist who 
is also a practicing physician shall fill his own prescriptions here- 
under, nor shall they be filled at any drug-store in which said 
physician is financially interested, and no prescription shall be re- 
filled ; nor shall more than one pint be furnished on any one pre- 
scription. 

§429. Delivery of the alcohol. The delivery of the alcohol under 
such prescription shall be made only directly to the person for 
whom such prescription is issued, or to the physician, or, in case of 
a minor, to his parent or guardian for him, or, in case of a married 
woman, to her husband for her. 

§430. Sales of alcohol by wholesale druggists. Nothing in the 
preceding sections of this Article shall be so construed as to prevent 
wholesale druggists from selling or furnishing alcohol in wholesale 
quantities to regular licensed retail druggists, or to public or charity 
hospitals, or to medical or pharmaceutical colleges. All wholesale 
druggists shall be required to keep a complete record of all their 
^sales of alcohol, which record shall at all times be open for inspec- 
tion to the regular authorities of such counties or cities in which 
such wholesale stores are located. 

§431. Wood or denatured alcohol, sales of, when allowed. Nothing 

in the preceding sections of this Article shall prohibit the sale, by 

■ licensed druggists, of Avood or denatured alcohol for art, scientific, 

or mechanical purposes, or grain alcohol for bacteriologists who are 

actually engaged in that class of work for scientific purposes only. 

§432. Penalties. Any person, firm, or corporation who shall vio- 

' late this Article in any respect shall be guilty of a misdemeanor ; any 

physician who shall issue a prescription hereunder containing any 



89 TENTH DIVISION.— ARTICLE 14. §§433-438 

Manufacture and sale of intoxicants and regulations as to liquors, and substitutes for intoxicants. 

false statement shall be guilty of a misdemeanor ; any druggist who 
shall fill any prescription for alcohol in anywise other than herein 
allowed, or who shall fail to file a prescription filled by him here- 
under with the ordinary within the time prescribed, shall be guilty 
of a misdemeanor ; any person who shall obtain alcohol for another 
in accordance with the terms hereof and who shall convert the same 
to any other use shall be guilty of a misdemeanor. 

§433. Burden of proof. Upon any prosecution under the preced- 
ing sections of this Article, the burden of proving the defense that 
the sale was of pure alcohol under prescription, as herein provided, 
shall be upon the defendant. 

§434. Contracting to sell, taking orders for, or soliciting. If any -^^^ig^s^^' 
person shall contract to sell, take orders for, or solicit, personally i^^^- p- ^'^^• 
or by agent, the sale of spirituous, malt, or intoxicating liquors in 
any county of this State, he shall be guilty of a misdemeanor. 

§435. (§434.). Offering to sell liquor within three miles of a church. ^cts^i|9o^i^ 
If any person shall offer to sell any spirituous, alcoholic, or malt 
liquors, in any quantities, within a radius of three miles of any 
church or public or private schoolhouse, he shall be guilty of a 
misdemeanor. 

§436. (§436.) Carrying liquor to Sunday or day schools. Any -^^^t^ -isso i, • 
person who shall carry intoxicating liquor, except for medicinal pur- 
poses, to any place where people are assembled for Sunday-school, 
or for a Sunday-school celebration, or day-school celebration, shall 
be guilty of a misdemeanor. 

§437. (§437.) Liquors near the sanitarium prohibited. Any per-^^^^tl^^^^^' 
son who shall expose for sale, or sell, barter, or give away alcoholic, J^T^ p- ^28. 

^ ' . '1895, p. 63. 

vinous, or fermented liquors of any kind, within a distance of two 
miles from the State Sanitarium buildings, or who shall sell, barter, 
or give away such liquors to any patient or lawful inmate of said 
Sanitarium, or to any employee in the service of that institution, 
shall be punished as for a misdemeanor. This section shall apply 
only to the country outside of the corporate limits of the city of 
Milledgeville. 

§438. (§438.) Liquors not to be carried to places of divine wor-^^t«^29^^"^* 
ship. If any person shall carry to a church, or other place where the 
people have assembled for divine worship, any liquor or intoxicating 
drink, or shall keep or have in his possession, custody, or control 
any intoxicating liquor at such place, he shall be guilty of a misde- 
meanor. 



§§439-444 



TENTH DIVISION.— ARTICLE 14. 



90 



Manufacture and sale of intoxicants and regulations as to liquors, and substitutes for intoxicants. 



Acts 1890-1, 
p. 129. 



Acts 1890-1, 
p. 129. 



Acts 1905, 
p. 114. 



Acts 1890-1, §439, (§439.) Unlawful to be at such place intoxicated. If any 
person shall be and appear at any church, or other place of divine 
worship, intoxicated or in any manner under the influence of intoxi- 
cating liquors, while the people are assembled for the purpose of 
engaging in any religious services, he shall be guilty of a misde- 
meanor. 

§440. (§440.) Unlawful to use liquor at such place. If any person 
shall drink or in any manner use any intoxicating liquor at any 
church or other place of divine worship, where the people are 
assembled for the purpose of engaging in such religious services, 
he shall be guilty of a misdemeanor. 

§441. (§441.) Exceptions. Nothing in the preceding sections 
shall prevent the use of intoxicating liquor at such place in case of 
accident or misfortune, nor prohibit practicing physicians and sur- 
geons from carrying and using such liquor as they may deem neces- 
sary in their regular practice, nor prohibit the proper officers from 
carrying to, and ministers of the gospel using at, such place such 
wines as they may wish for sacramental purposes. 

§442. Drunkenness in public places. If any person shall be and 
appear in an intoxicated condition on any public street or highway, 
or within the curtilage of any private residence not in the exclu- 
sive possession of the person or persons so intoxicated, or upon any 
steamboat engaged at the time in carrying passengers, which said 
drunkenness or intoxication may be caused by the excessive use of 
intoxicating wines, beers, liquors, or opiates, and must be made 
manifest by boisterousness, or by indecent condition or acting, or 
by vulgar, profane, or unbecoming language, or loud and violent 
discourse of the person or persons so intoxicated or drunken, he shall 
be guilty of a misdemeanor. This section shall not be construed to 
affect the powers delegated to municipal corporations to pass by- 
laws to punish drunkenness or disorderly conduct within their 
corporate limits. 

§443. (§442.) Furnishing liquor to habitual drunkard. If any 
person shall furnish any spirituous, malt, or intoxicating liquors in 
any quantity to an habitual drunkard personally known to him, of 
whose intemperate habits such person has been notified in writing, 
protesting against the selling or furnishing such intoxicating liquors, 
by the wife, father, mother, brother, or sister of such drunkard, he 
shall be guilty of a misdemeanor. 

^fl^l^'^^' §444. (§444.) Furnishing liquor to minors. If any person, by him- 

1877, p. 107. gg2f Qj. another, shall furnish or cause to be furnished, or permit 



Acts 1882-3, 
p. 130. 



91 TENTH DIVISION.— ARTICLE 15. §§445-449 



Vagrants. 



any other person in his employ to furnish any minor spirituous or in- 
toxicating or malt liquors, without first obtaining written authority 
from the parent or guardian of such minor, he shall be guilty of a 
misdemeanor. 

§445. (§446.) Giving or furnishing liquor on election day. Any^p^p*^ ^|^%4g 
person Avho shall give or furnish spirituous, intoxicating, or maltjg^;®; P; f^s. 
liquors to an}^ person, in any quantity, within two miles of any^^^^' p- ^^• 
election precinct, on days of election, either State, county, munici- 
pal, or primary elections, shall be guilty of a misdemeanor. 

§446. (§447.) Exception as to physicians. The preceding sec-'^p^lg^^^^'^- 
tion does not prevent prescriptions by physicians, when made as 
prescribed by law. 

§447. (§448.) Definition of primary. Primary elections shall be^p^*42^^^'^' 
construed to mean elections by ballot for the nomination of a can- 
didate or candidates for office, as opposed to nomination by conven- 
tions, to run at subsequent elections to be held under the laws of 
this State, for State, county, or municipal offices. 

§448. Substitutes for intoxicants. Any person who shall carry^p^*^^^^^^' 
on any business named in sections 1763, 1764, and 1765 of the Civil 
Code, on the subject of tax on substitutes for intoxicants, without 
having first obtained the license required, and paid therefor as 
required by said sections, shall be guilty of a misdemeanor. 



ARTICLE 15. 
Vagrants. 



§449. Vagrancy defined. Vagrants are — 

1. Persons wandering or strolling about in idleness, who are able 
to work, and have no property to support them. 

2. Persons leading an idle, immoral, or profligate life, who have no. 
property to support them and who are able to work and do not 
work. 

3. All persons able to work, having no property to support themjCobb 82o. 
and who have no visible or known means of a fair, honest, and p- ^s^- „„ 

' ' 1876, p. 39. 

reputable livelihood. The term ''visible or known means of a fair i^ss, p. 63. 

■^ , , '1903, p. 46. 

honest, and reputable livelihood," as used in this section, shall be^^^^' p- io9. 
construed to mean reasonably continuous employment at some law- 
ful occupation for reasonable compensation, or a fixed and regular 
income from property or other investment, which income is sufficient 
for the support and maintenance of such vagrant. 



§450 TENTH DIVISION.— ARTICLE 15. 92 



Vagrants. 



4. Persons having a fixed abode, who have no visible property to 
support them, and who live by stealing or by trading or bartering 
stolen goods. 

5. Professional gamblers, living in idleness. 

6. All able-bodied persons who are found begging for a living or 
who quit their houses and leave their wives and children without 
the means of subsistence. 

7. All persons who are able to work and do not work, and who 
have no property or other means of support, but hire out their minor 
children and live upon their wages. 

8. All persons over sixteen years of age, able to work and who do 
not work, and have no property to support them, and who have not 
some known and visible means of a fair, honest, and reputable liveli- 
hood, and whose parents are unable to support them, and who are 
not in attendance upon some educational institute. 

It shall be the duty of the sheriff and constables in every county, 
the police and town marshal, or other like officials in every town and 
city in this State, to give information, under oath, to any officer 
empowered by law to issue criminal warrants, of all vagrants within 
their knowledge or whom they have good reason to suspect as being 
vagrants, in their respective counties, towns, and cities ; thereupon 
the said officer shall issue a warrant for the apprehension of the 
person alleged to be a vagrant, and upon being brought before him, 
and probable cause being shown, the said officer shall bind such 
person over to any court of the county having jurisdiction in misde- 
meanor cases. Any person violating any of the provisions of this 
section shall be guilty of a misdemeanor. 

'^fioo^^^' §450. Court costs, how paid. Whenever said vagrant shall be 

convicted, all costs of the committing as well as of the trial courts 
shall be paid out of the fine assessed and paid ; but if he fails to pay 
the fine and is sent to the chain-gang or other public works, then 
the officers shall be paid their respective costs by the county hiring 
out the convict ; and in the event the county fails to hire or work 
the convict, then the ordinary or county commissioners, as the 
case may be, of the county shall pay into the court, to the credit of 
fines and forfeitures, an amount sufficient to pay the reasonable hire 
of the convict, the same in no case to be less than the costs incurred, 
and the costs shall be paid as herein provided. 



93 TENTH DIVISION.— ARTICLES 16, 17. §§451-454 

Adulterated or misbranded foods, drugs, liquors, etc. Sale of poisons, opium, morphine, etc. 

ARTICLE 16. 

Adulterated or Misbranded Foods, Drugs, Liquors, Etc. 

§451. Adulterated or misbranded foods, drugs, etc. Any person ^p^^Jg^^o^- 
who shall violate any of the provisions of section 2101 of the Civil 
Code, relating to the adulteration or misbranding of articles of food 
and other articles, shall be guilty of a misdemeanor, and shall be 
fined not to exceed five hundred dollars, or shall be sentenced to one 
year's imprisonment, or both such fine and imprisonment, in the 
discretion of the court ; and for each subsequent offense, and on 
conviction thereof, shall be fined not exceeding one thousand dol- 
lars, or sentenced to one year's imprisonment, or both such fine and 
imprisonment, in the discretion of the court : Provided, that in case 
of feeding-stnffs for domestic animals, the punishment shall be by 
a fine not exceeding fifty dollars, or imprisonment not exceeding 
thirty days, or both, in the discretion of the court. 

§452. Obstructing inspector. Any manufacturer, dealer, or other ^^^^ggf^^' 
person, who shall impede, obstruct, hinder, or otherwise prevent or 
attempt to prevent any inspector or other person in the performance 
of his duty in collecting samples or otherwise in connection with 
Chapter 3 of the Fifteenth Title of the Political Code, on the subject 
of adulterated or misbranded foods, drugs, and liquors, shall be 
guilty of a misdemeanor, and shall, upon conviction, be fined not 
less than ten dollars nor more than fifty dollars ; and any violation 
of the provisions of said Chapter, relating to feeding-stuffs for 
domestic animals, shall be punished by a fine not exceeding fifty 
dollars, or imprisonment not exceeding thirty days, or both, in the 
discretion of the court. 

§453. (§469.) Duty of grand jury. The grand juries in the sev-^p^sf'"'' 
eral counties shall diligently inquire into and true presentments 
make of all violations of this Article. 



ARTICLE 17. 
Sale of Poisons, Opium, Morphine, Illegal Compounding of Drugs. 

§454. (§470.) Sale of poisons. No person shall furnish, by retail Acts i876, 

• D 24 

any poison enumerated in Schedule ''A" and ''B," as follows, to * 
wit: 

Schedule ''A." — Arsenic and its preparations, corrosive subli- 
mate, white precipitate, red precipitate, biniodide of mercury, 



§§455-459 



TENTH DIVISION.— ARTICLE 17. 



94 



Sale of poisons, opium, morphine, illegal compounding of drugs. 



cyanide of potassium, hydrocyanic acid, strychnia, and all other 
poisonous vegetable alkaloids and their salts ; essential oil of bitter 
almonds, opium and its preparations, except paregoric and other 
preparations of opium containing less than two grains to the ounce ; 

Schedule ''B. " — Aconite, belladonna, colchicum, conium, nux 
vomica, henbane, savin, ergot, cotton root, cantharides, creosote, 
digitalis, and their pharmaceutical preparations; croton oil, chlo- 
roform, chloral hydrate, sulphate of zinc, mineral acids, carbolic 
acid, and oxalic acid; 

Without distinctly labeling the bottle, box, vesssel, or paper in 
which said poison is contained, and also the outside wrapper or cover 
thereof, with the name of the article, the word "Poison," and the 
name and place of business of him who furnishes the same ; nor un- 
less upon due inquiry it be found that the person to whom it is 
delivered is aware of its poisonous character, and represents that 
it is to be used for a legitimate purpose. 



Acts 1860, 

p. 55. 
1876. p. 24. 



Acts 1876, 
p. 24. 



Acts 1876, 

p. 24. 
1895, p. 63. 



Acts 1884-5, 

p. 134. 
1895, p. 63. 



Acts 1907, 
p. 121. 



§455. (§471.) Druggists shall keep books. No licensed or reg- 
istered druggist or pharmaceutist shall sell or deliver any of the 
poisons included in Schedule "A" without, before delivering the 
same, causing an entry to be made in a book kept for that purpose, 
stating the date of the delivery, the name and address of the person 
receiving the same, the name and quantity of the poison, the pur- 
pose for which it is represented by such person to be required, and 
the name of the dispenser. Such book shall be always open for in- 
spection by the proper authorities, and be preserved for reference for 
at least five years. 

§456. (§472.) On prescriptions. Nothing in the preceding sec- 
tions shall apply to the dispensing of poisons in not unusual quan- 
tities or doses, upon the prescriptions of practitioners of medicine. 

§457. (§473.) Penalty. Any person violating the provisions of 
the three preceding sections shall be punished as for a misdemeanor. 

§458. (§475.) How morphine shall be wrapped and labeled. If 
any druggist, or other dealer in drugs and medicines, shall sell or 
offer for sale any sulphate or other preparations of morphine in a 
bottle, vial, envelope, or other package, unless it is wrapped in a 
scarlet paper or envelope, and unless the bottle or vial also has on 
it a scarlet label, lettered in white letters, plainly naming the con- 
tents of the bottle or vial, he shall be guilty of a misdemeanor. 

§459. Narcotic drugs, illegal sale of. Any person who shall violate 
any of the provisions of sections 1651 and 1652 of the Civil Code, 



95 TENTH DIVISION.— ARTICLE 18. §§460-464 

Illegal practice of professions, carrying on business, and medical college diplomas. 

on the subject of the traffic in and the sale of narcotic drugs, shall be 
guilty of a misdemeanor. 

§460. (§480.) Compounding or vending drugs, etc., illegally. Any '^p'^^lgj^^^'^' 
person who shall engage in the compounding or vending of medi- J^^fj' ]^-^^' 
cines, drugs, or poisons, without first having complied with the law §^^^^* 
authorizing the same, or shall register fraudulently, shall be pun- 
ished as for a misdemeanor. In prosecutions under this section, the 
burden shall be upon the defendant to show his authority. 

§461. (§481.) Half of fine paid to board of pharmacy. One half^p^^^^^-i, 
of the fines collected from convictions under the preceding section ^^^^' pp- ^^' 
shall be paid to the board of pharmacy to defray the expenses of the 
same, and as compensation for their services. 



ARTICLE 18. 



Illegal Practice of Professions, Carrying on Business, and Medical 

College Diplomas. 

§462. (§485.) Practicing medicine or surgery illegally. Any per-^^^ts 1894 

pp. 80, 89. 

son who shall fail to register, or who shall practice medicine or 
surgery, in violation of the provisions of the Civil Code shall be 
guilty of a misdemeanor. 

§463. (§486.) Diplomas by medical colleges. If the faculty orActs^isso-i, 
officers of any medical college shall grant or issue a diploma to anyiss^-s, p 62. 
student of medicine or other person, unless said student or other per- 
son shall have attended two or more full courses of study in some 
regularly chartered medical college in good standing, and shall have 
submitted to and passed a creditable examination by the faculty or 
professors of said college upon all the branches usually taught in 
medical colleges, they shall be punished as for a misdemeanor. The 
fine, when collected, shall be paid into the State treasury, to be used 
for educational purposes only. Nothing in this section shall prevent 
a medical college from graduating a student who has taken two 
courses of lectures, if he was not absent more than one fourth of the 
term or course. 

§464. (§487.) Judges shall give this in charge. It shall be the Acts isso-i, 
duty of judges of the superior courts, in counties where medical iss^-s' p. 62. 
colleges are located, to give the preceding section in charge to grand 
juries, whose duty it shall be to see that the same be enforced. 



§§465-471 



TENTH DIVISION.— ARTICLE 18. 



96 



Illegal practice of professions, carrying on business, and medical college diplomas. 



Acts 1909, 
pp. 36, 51. 



Acts 1909, 
pp. 36, 52. 



Acts 1909, 
pp. 36, 57. 



Acts 1909, 
pp. 36, 61. 



Acts 1909, 
on. 36. 61. 



Acts 1909, 

p. 123. 
Civil Code, 

§1732. 



Acts 1897, 

p. 119. 
Civil Code, 

§1748. 



§465. Soft drinks, returns showing receipts. Whoever shall vio- 
late section 957 of the Civil Code, on the subject of soft drinks, by 
failing to make the returns as to gross receipts as required by said 
section, shall be guilty of a misdemeanor. 

§466. ''Soft drinks," carrying on business after failure to pay tax. 

Whoever shall violate section 957 of the Civil Code, by carrying on 
a business specified in said section after failure to pay the tax 
therein mentioned, shall be guilty of a misdemeanor. 

§467. Regulations as to mowing-machines, etc. Any person who 
shall violate the provisions of section 973 of the Civil Code, on the 
subject of mowing and other machines, shall be guilty of a misde- 
meanor. 

§468. Sewing-machines, regulations as to. Any one who shall 
violate section 976 of the Civil Code, on the subject of sewing-ma- 
chines, shall be guilty of a misdemeanor. 

§469. Registration of business and payment of tax. Any person 
who fails to register or pay the special tax mentioned in section 978 
of the Civil Code shall be guilty of a misdemeanor, and shall be 
fined not less than double the tax, or be imprisoned as prescribed 
in section 1065 of this Code, or both, in the discretion of the court. 
One half of the fine shall be applied to the payment of the tax, and 
the other to the fund of fines and forfeitures for the use of the offi- 
cers of the court. 

§470. Osteopathy, fraudulently practicing. Any person who shall 
practice, or pretend to practice, or use the science or system of 
osteopathy in treating diseases of the human body, by fraud or 
misrepresentation ; or any person Avho shall buy, sell, or fraudu- 
lently obtain any diploma, license, record, or registration to prac- 
tice osteopathy, illegally obtained or signed, or issued unlawfully or 
under fraudulent representations ; or who shall use any of the forms, 
or letters, "Osteopathy," ''Osteopath," "Osteopathist," "Diplomate 
in Osteopathy," "D. 0.," "D. Sc. 0.," "Osteopathic Physician," 
"Doctor of Osteopathy," or any other title or letters, either alone or 
with other qualifying words or phrases, under such circumstances as 
to induce the belief that the person who uses such term or terms is 
engaged in the practice of osteopathy, without having complied with 
the provisions of the Civil Code, on the subject of osteopathy, shall 
be guilty of a misdemeanor. 

§471. Dentist, professional misbehavior. Any dentist who shall 
be guilty of cruelty, incapacity, unskilfulness, gross negligence, in- 



97 TENTH DIVISION.— ARTICLE 19. §§472-477 

Importation and purchase of second-hand clothing, infested plants, Mexican boll-weevil, etc. 

decent conduct toward patients, or any such professional misbeha- 
vior, or show unfitness upon the part of the dentist to practice, shall 
be guilty of a misdemeanor, and his license to practice dentistry 
shall be revoked by the Board of Dental Examiners. 

§472. Illegal practice. Any person who, in violation of the provi-^p^*|^J^^^' 
sions of the Civil Code, shall practice or attempt to practice den-^gYiVlJ'^iTos. ' 
tistry shall be guilty of a misdemeanor : Provided, that this section 
shall not be so construed as to prevent any person from extracting 
teeth without fee or reward. 

§473. False statement before board of dental examiners. Any^^Jl^l^^'^' 
dentist or other person who shall at any hearing before the Board oi^^ll^^^^^^' 
Dental Examiners, either by himself or by his procurement, make 
any false statement or misrepresentation with intent to deceive or 
mislead said board, shall be guilty of a misdemeanor, and such dent- 
ist's license shall be revoked by the board. 

§474. Professional nursing. Any person who shall violate section'^p'^^^^J^^'^' 
1708 of the Civil Code, on the subject of professional nursing, shall 
be guilty of a misdemeanor. 

§475. Veterinarian, practicing illegally. Whoever shall violate or^^^lg^^^^' 
aid in violating any of the provisions of the Civil Code, on the sub-^g|205?2064. 
ject of the Board of Veterinary Examiners, shall be guilty of a mis- 
demeanor. 

§476. Profession, practicing without paying special tax. It shall ^p^^g^J^^^^' 
be unlawful for any person in this State to practice the profession of 
law, medicine, or dentistry, or any other profession upon which a 
special tax is levied by the State, and charge for the same, without 
paying said special tax. If a nulla bona entry has, by proper author- 
ity, been entered upon an execution issued by the tax-collector of 
any county of the State against any person for said special tax, and 
such person has thereafter engaged in the practice of any or all of 
said professions and charged for the same, he shall be guilty of a 
misdemeanor. 



ARTICLE 19. 

Importation and Purchase of Second-hand Clothing, Infested Plants, 

Mexican Boll-weevil, Etc. 

§477. (§490.) Importation and purchase of second-hand clothing. '^p'^^lgj^^^'^' 
If any person shall bring into this State for sale, or shall buy, barter /^^^' p- ^^- 



§§478-484 



TENTH DIVISION.— ARTICLE 20. 



98 



Putting carcasses of animals in streams, and failing to bury dead animals and decaying matter. 

or receive for the purpose of selling, any such second-hand or cast-off 
clothing, he shall be punished as for a misdemeanor. 



Acts 1884-5, 
p. 137. 



Acts 1S98, 
p. 94. 



Acts 1898. 
p. 94. 



Acts 1898, 
p. 94. 



Acts 1898, 
p. 94. 



Acts 1904, 
p. 19. 



§478. (§491.) .Exception. The foregoing section shall not apply to 
second-hand clothing which shall be accompanied by a certificate 
from the proper officer of the board of health of the place from which 
such clothing may have been shipped, stating that it has been prop- 
erly disinfected, that there is no danger from it of spreading con- 
tagious diseases, and giving the character and number of garments 
and the date when they were disinfected, which certificate shall be 
recorded in the clerk's office of the superior court of the county 
where the clothing is offered for sale and before the offer is made. 

§479. Unlawful to ship trees, etc., without inspection. If any 

grower, nurseryman, or corporation shall ship within this State any 
article mentioned in section 2128 of the Civil Code, in violation of 
said section, it shall be a misdemeanor. 

§480. Shipping trees, etc., before filing certificate of inspection. 

Any person who shall violate section 2130 of the Civil Code, which 
relates to the shipment of trees, shall be guilty of a misdemeanor. 

§481. Articles known to be infested. If any person shall offer for 
sale, sell, give away, or transport plants, scions, buds, trees, shrubs, 
vines, or other plants, tubers, roots, cuttings, bulbs, known to be 
infested with dangerously injurious insects or plant diseases, he shall 
be guilty of a misdemeanor. 

§482. Obstructing board of control, its agents or employees. Any 
person who shall obstruct or hinder the board of control or their 
agents in the discharge of the duties imposed on them by sections 
2126 and 2138, of the Civil Code, shall be guilty of a misdemeanor. 

§483. Mexican boll- weevil, inspection, etc. Any person who shall 
violate section 2134 or section 2135 of the Civil Code, relating to the 
Mexican boll-weevil, shall be guilty of a misdemeanor. 



Acts 1890-1, 
p. 242. 

1908, p. 41. 



ARTICLE 20. 

Putting Carcasses of Animals in Streams, and Failing to Bury Dead 

Animals and Decaying Matter. 

§484. (§492.) Carcasses of animals, how placed or buried. If any 
person shall place the carcass of a horse, cow, sheep, goat, dog, or 
other animal in any stream or road, street, lane, or alley, or shall 



99 TENTH DIVISION.— ARTICLE 21. §§485-490 



Turpentine boxes, and drainage canals. 



place any such carcass iipon the premises of another without burying 
it so deep as to prevent all stench therefrom, he shall be guilty of a 
misdemeanor. 

§485. (§493.) Owner must bury dead animals and fowls. If a^p^^^^-''^' 
domestic animal or domestic fowl should die without the corporate 
limits of a town or city of this State, and the owner thereof shall 
fail or refuse to bury the carcass, deep enough to prevent stench 
therefrom, within three hours after notice of the death and the loca- 
tion of the carcass, he shall be guilty of a misdemeanor. The carcass 
of such animal may, within three hours after such notice, be re- 
moved and at once manufactured into fertilizers. 

§486. (§494.) Owner must bury stale or decaying matter. If the^^^igi^Qs, 
owner of stale or decaying vegetable or animal matter, situated 
within this State and without the corporate limits of a town or city, 
shall fail or refuse to bury it, so deep as to prevent any stench there- 
from, within three hours after notice that it has become offensive 
to the smell or dangerous to health, he shall be guilty of a misde- 
meanor. 

§487. (§495.) In what counties of force. The provisions of the Acts is95, 

p. 86. 

two preceding sections shall be of force only in counties in which i905, p. S5. 
there then is a city of one thousand or more inhabitants, according 
to the last Federal census, and shall only apply where the dead 
animal is within two miles of the residence of the owner thereof. 



ARTICLE 21. 

Turpentine Boxes, and Drainage Canals. 

§488. (§496.) Time for cutting turpentine boxes. Any person who ^J;*^^)^^^^' 
shall cut turpentine boxes at any other season of the year than from^^^^- p- ^^^• 
the fifteenth of November to the fifteenth of March, on his own land 
or the land of another, shall be guilty of a misdemeanor. The fine 
shall be paid over to the county treasurer. 

§489. Landowner failing to comply with drainage order. Any^^^*^^^^"^' 

landow^ner who fails to comply with section 438 of the Civil Code, on 
the subject of drainage, shall be guilty of a misdemeanor. 

§490. Interfering with drainage canals. Any person who shall ^J^^^^J^*^^- 
injure, obstruct, or otherwise interfere with drainage canals, public 
drains, or ditches or any part thereof, mentioned in section 438 of 
the Civil Code, shall be guilty of a misdemeanor. 



§§491-495 



TENTH DIVISION.— ARTICLES 22, 23. 



100 



Furnishing cigarettes to minors. Contagious diseases and quarantine. 



Acta 1889, 
pp. 149, 154. 



ARTICLE 22. 

Furnishing Cigarettes to Minors. 

§491. (§497.) Furnishing cigarettes to minors. If any person, by 
himself, agent, or in any other way, shall furnish a minor with cigar- 
ettes, cigarette tobacco, cigarette paper,, or any substitute therefor, 
he shall be guilty of a misdemeanor. 



Act3 1895, 
p. 63. 



Acts 1895, 
p. 63. 



Cobb, 368. 
Acts 1895, 
p. 63. 



ARTICLE 23. 

Contagious Diseases and Quarantine. 

§492. (§498.) Proclamation of Governor as to contagious diseases. 

The Governor may, by proclamation, whenever he shall deem it 
necessary, give such orders to prevent the spread of contagious or 
infectious diseases within the State, and make such appointments 
and regulations concerning the same, as shall by him be deemed 
proper, and be stated in such proclamation, and any person violating 
such orders or regulations may be punished as for a misdemeanor. 

§493. (§499.) Persons concealing smallpox. Any physician or 
other person who shall conceal a case of smallpox, or varioloid, or 
any modification of the same, within any incorporated city, town, or 
in any county, by not giving immediate notice thereof to the mayor, 
intendant, or health officer, or ordinary, shall be punished as for a 
misdemeanor. 

§494. (§500.) Spreading smallpox. Any physician, surgeon, or 
other person, willfully endeavoring to spread the smallpox, with- 
out inoculation, or by inoculation with matter of the smallpox, or 
using any other inoculation than that called vaccination, unless by 
special commission or authority from the court of ordinary of the 
county where the smallpox shall make its appearance, shall be 
guilty of a misdemeanor. 

§495. (§501.) Quarantine, how prescribed and regulated. The 

corporate authorities of a town or city may prescribe the quarantine 
to be observed by all vessels arriving within the harbor or vicinity 
of such town or city, and regulations therefor, not contrary to law ; 
and such regulations may extend to all persons, goods, and effects 
arriving in such vessels, and to all persons going on board of the 
same. Any person violating such regulations, after personal notice, 
or after other notice thereof, given for five days in such manner as 



101 TENTH DIVISION.— ARTICLE 23. §§496-499 

Contagious diseases and quarantine. 

may be prescribed by such corporate authorities, or, in the absence 
of any mode so prescribed, by notice of such regulation for five days 
in some newspaper in such town or city, or, where there is no news- 
paper, by notice posted up at some public place in such town or city 
for the same length of time, shall be guilty of a misdemeanor : Pro- 
vided, nothing herein contained shall prevent the infliction, by the 
corporate authorities having power to pass ordinances or by-laws, 
of such other penalty, not exceeding one hundred dollars fine, in 
lieu of the penalty first above named, as may be prescribed in such 
ordinance or by-law. 

§496. (§502.) Vessels may be removed to quarantine grounds, ^p'^^lg^^^^' 
The health officer or visiting physician of such town or city may, 
under the direction of the corporate authorities, cause any vessel ar- 
riving therein, or in the vicinity, if the vessel or cargo is in his opin- 
ion so foul or infected as to endanger the public health, to be re- 
moved to the quarantine ground or other proper place to be in- 
spected ; and any master, seaman, or passenger belonging to a vessel 
supposed to have any infection on board, or from a port where any 
dangerous infectious disease prevails, refusing to answer on oath 
such inquiries as may be made by any health officer, relating to any 
infection or disease, shall be guilty of a misdemeanor. 

§497. (§503.) Master of vessel must deliver bill of health, etc^^.^^^^-^- 
The master of any vessel ordered to perform quarantine shall deliver, 
to the officer appointed to see it performed, his bill of health and 
manifest, log-book £[nd journal; if he fails to do so, or to repair in 
proper time, after notice, to the quarantine ground, or shall depart 
thence without authority, he shall be punished as for a misdemeanor. 

§498. (§504.) Inland travelers compelled to perform quarantine. ^p*g3^^^^' 
Any person coming into town or city by land, from a place infected 
with a contagious disease, may be compelled to perform quarantine 
by the health officer, under the direction of the corporate authorities, 
and restrained from traveling until discharged ; and any person .thus 
restrained, traveling before he is discharged, may be punished as 
for a misdemeanor. 

§499. (§505.) Duty of pilots before entering on board of vessels. 
It shall be the duty of any pilot, before entering on board of any 
vessel, to make strict inquiry of every master or commander of the 
same as to the state of health in such vessel, and in case it be found 
that any malignant, contagious, or infectious disease is on board such 
vessel, and such pilot shall enter therein, he shall be punished as for 
a misdemeanor, arid removed from office; and any such master or 



§§500-504 



TENTH DIVISION.— ARTICLE 24. 



The public safety. 



102 



commander refusing to answer any such reasonable inquiry, or giv- 
ing false information in answer, shall be guilty of a misdemeanor. 



Acts 1895, 
p. 63. 



Acts 1865-6, 
p. 233. 



Acts 1901, 
p. 61. 



Acts 1909, 
p. 135. 



§500. (§506.) Persons on board of vessels shall observe quarantine. 

If any person on board such ship or vessel in which such disease 
shall exist, or whilst such ship or vessel is performing quarantine, 
shall come, or be permitted to come, on shore or land from such ves- 
sel, without permission from the proper authority, he shall be 
guilty of a misdemeanor ; and any person going on board such vessel 
(except the health officer or visiting physician), and returning with- 
out such permission, shall be liable to the same penalty. 

§501. (§507.) Violation of quarantine. Any person who shall 
come into this State, by land or water, from any place infected with 
a contagious disease, and in violation of quarantine regulations, shall 
be indicted in any county in which he may be found, and shall be 
punished as for a misdemeanor. 

§502. Violating county health regulations. Any person who shall 
violate any one or more of the sanitary rules and regulations by 
county authorities, mentioned in sections 1670, 1671, and 1672 of the 
Civil Code, after being personally served with a written or printed 
copy of the same, shall be guilty of a misdemeanor. 

§503. Violation of sanitary rules in certain counties. Any person 
who shall violate any sanitary regulation promulgated under sec- 
tions 1674 and 1675 of the Civil Code, shall be punished by a fine 
not to exceed one hundred dollars, or by imprisonment and labor at 
some public work where a chain-gang is not employed, not to exceed 
ninety days, by either or both of such punishments, in the discretion 
of the court. All sums for fines, forfeitures, or otherwise paid to 
any officer or court by any person charged or convicted hereunder 
shall be paid into the county treasury to the credit of the sanitation 
account of said county. 



Acts 1882-3, 
p. 131. 



ARTICLE 24. 

The Public Safety. 

§504. (§508.) Discharge of firearms on and near public highways. 

If any person shall, between dark and daylight, willfully and wan- 
tonly fire off or discharge any loaded gun or pistol on a public high- 
way, and within fifty yards of a public highway, except in defense 
of person or property, or on his own premises, he shall be guilty of 
a misdemeanor. 



103 TENTH DIVISION.— ARTICLE 24. §§505-507 

The public safety. 

§505. (§509.) Hotel-keepers, etc., on beaches, required to keep lif e>^*''228f ^^' 
boats, etc. The proprietor or keeper of every hotel, boarding-house, 
or other public house or bath-house on the seacoast, where the public 
may resort for purposes of surf-bathing, shall at all times, during 
the surf -bathing season, keep and maintain at their respective estab- 
lishments, in full view and accessible to bathers and guests of such 
house, a suitable and seaworthy life-boat or life-raft, fully equipped 
with oars, oar-loeks, life-preservers, and life-ropes, and mounted 
upon a proper wheeled carriage, which boat or raft and appliances 
shall be kept at all times ready for instant use, in case of emergencies 
to bathers requiring the use thereof; and in default of complying 
with the provisions of this section, such proprietor or keeper shall be 
guilty of a misdemeanor, and in addition to the penalty for such 
offense, he shall not have the right to collect any charge or debt 
from any guest of such house, the consideration of which is board, 
lodging, or other service rendered such guest during the surf-bathing 
season by the proprietor or keeper. 



§506. Surf-bathers, protection of, by life-savers. The proprietor-^p 
or keeper of a hotel, boarding-house, or other public house or bath- 
house on the seacoast, to which the public may resort for purposes 
of surf-bathing, shall at all times, during the surf-bathing season, 
keep an expert swimmer attired in a bathing-suit, said bathing-suit 
to be a bright solid red, the shirt of which shall have on the breast 
thereof, in large white letters, the words, ''Life Saver." And such 
expert swimmer shall have on at all times, while on duty a leather 
harness arranged as follows: A belt around the chest connected 
with straps over shoulders, said shoulder straps to be joined at 
shoulder-blades. At the back of neck-center to be an iron ring, about 
which shall be attached a life-line one fourth of an inch in diameter, 
and not less than two hundred feet in length, and said expert swim- 
mer shall at all times patrol the beach, on the constant lookout for 
any one who may require assistance, and shall at no time leave the . 
beach while bathing is in progress, and shall, so far as is practicable 
and in his power, warn all bathers of the danger attending those 
who bathe while the tide is running out, and also of the danger of 
sloughs or gullies on the beach, and shall at all times protect and 

assist any bather who shall need assistance. 
« 
§507. Other duties of proprietor. At the beginning of each bath- 
ing season, every proprietor of any hotel, boarding-house, house, or 
bath-house on the seacoasts, or any other person or persons renting 
bathing-suits on the seacoast, shall have placed in boxes, which shall 
not be more than one hundred yards apart, a reel on which shall 



Acts 1903, 



115. 



§§508-512 TENTH DIVISION.— ARTICLE 24. 104 



The public safety. 



be wound three hundred feet of rope not less than one fourth of an 
inch in diameter, and said rope shall have attached to one end of the 
line a cork life-preserver of standard manufacture, capable of sup- 
porting on the water not less than two persons weighing one hun- 
dred and fifty pounds each. Said boxes shall be placed at a point 
not exceeding ten feet from high-water mark, and shall be raised not 
more than four feet from the beach, and on each box shall be 
printed, in plain letters, the following notice: *'Box contains life- 
line and life-preserver, to be used only in case of emergency. Not 
to be removed or tampered with. '^ Any one removing or tampering 
with life-line or preserver, except for the purpose of helping prsons 
in danger, shall be guilty of a misdemeanor. 

§508. Tide flags. When the tide turns, and is running out, a red 
flag, on which shall be written, in large white letters, the words, 
*'Tide Running Out," shall be run up on the flag-pole, which said 
flag-pole shall not be further than ten feet from high-water mark, 
and in plain view of all bathers. 

§509. Penalties. Any such proprietor of a hotel or boarding-house 
or bath-house, or other person renting bathing-suits, who fails to 
comply with the provisions of the three preceding sections, shall 
be guilty of a misdemeanor, and in addition thereto shall forfeit 
the right to collect any charge or debt from any guest of such hotel 
or boarding-house or bath-house, the consideration of which is board- 
ing, lodging, or other service rendered such guest during such surf- 
bathing season by the proprietor or keeper. 

§510. Removing life-line or preservers. Any person moving or 
tampering with the life-line or preservers mentioned in section 507, 
or using the same except for the purpose of relieving prsons in dan- 
ger, shall be guilty of a misdemeanor. 

Acts 1889, §511. (§510.) Failure to comply with requirements as to buildings 

pp. 168, 169. n 1 '1 -I • 

1895, p. 63. more than two stories in height. If the owner of a building more 
than two stories in height shall fail to comply with the requirements 
of the Civil Code, and, after receiving the notice prescribed in the 
Civil Code, shall refuse or neglect to make the alterations specified 
in said written notice, he shall be guilty of a misdemeanor. 

Acts 1905, §512. (§511.) Rocking or shooting at or in cars. Any* person who 

1892, p. 108. shall throw a rock or other missile at, towards, or into any car of 
any passenger-train upon any railroad or street-railroad, or shoot 
any gun, pistol, or firearms of any kind at, towards, or into any 
such car, or shoot, while in such car, any gun, pistol, or other weapon 
of any kind, shall be punished by confinement in the penitentiary 



^ 105 TENTH DIVISION.— ARTICLE 24. §§513-518 



The public safety. 



from one to five years; unless the jury trying the case shall recom- 
mend the prisoner to mercy, in which event he shall be punished as 
for a misdemeanor. 

§513. (§512.) Wrecking, or attempting to wreck trains, cars, etc.^;;^^j3j^^^^^' 
Any person who shall, by any device whatever, wreck, or attempt 
to wreck, a railroad train, locomotive, car, coach, or vehicle of any 
kind, when used or run on any railroad-track for the purpose of 
travel or transportation, or assist or advise it to be done, shall be 
punished with confinement in the penitentiary for life, unless the 
jury trying the case shall recommend the prisoner to mercy ; in that 
event he shall be punished by confinement in the penitentiary for 
not less than five nor longer than ten years. If the conviction is^^^^^' 
founded solely on circumstantial testimony, the presiding judge, 
without the recommendation of the jury, may in his discretion sen- 
tence the prisoner to confinement in the penitentiary for not less than 
five nor longer than ten years. 

§514. (§513.) Murder if death ensues. If death ensues to any per-'^p^isl^^^'^' 
son from the acts mentioned in the preceding section, the offender 
shall be guilty of murder. 

§515. Shooting on excursion-trains or at picnics. If any person '^p'^^ge.^^'*^' 
shall fire a pistol, gun, or ,other firearm on any excursion-train, or at 
any picnic, except in his defense, he shall be guilty of a misdemeanor. 

§516. (§514.) Using explosive oils on passenger-cars prohibited. -^J.^Ij^^^^' 

Any officer or employee of a railroad company, who shall light a^^^'"' ^' ^^' 
passenger-car in which passengers are being transported, by burning 
any explosive oil in lamps or otherwise, or shall burn such oil in 
such passenger-car; or any officer having charge of such passenger- 
car, who shall permit such burning of explosive oil, shall be guilty of 
a misdemeanor. Any such officer or employee may be indicted in 
any county through which such passenger-car, lighted in violation 
of this section, shall pass. 

§517. (§515.) Trains must stop within fifty feet of each railroad ^p^*i37^^^^' 
crossing. Whenever the tracks of separate and independent rail- 
roads cross each other, all engine-drivers and conductors must cause 
the trains which they respectively drive and conduct to come to a 
full stop within fifty feet of the place of crossing, and then to move 
forward slowly. The train of the road first constructed and put in 
operation shall have the privilege of crossing first. A person viola- 
ting the provisions of this section shall be guilty of a misdemeanor. 

§518. (§516.) Neglecting to erect blow-posts. Should any rail-^p^*^oJ^^^"^' 
road company fail or neglect to put up the posts required by section jg^' p* ^- 



§§519-524 



TENTH DIVISION.— AETICLE 24. 



106 



The public safety. 



Acts 1851-2, 
p. 109. 
1S95, p. 63. 



Acts 1851-2, 

p. 109. 
1875, p. 17. 
1395, p. 63. 



Cobb, 850, 
851. 

Acts 1875, 
p. 26. 



Cobb, 851. 



Co]:)b, 851. 
163. 



Acts 1908, 
p. 51. 



2675 of the Civil Code, the superintendent thereof shall be guilty of 
a misdemeanor. 

§519. (§517.) Failing to blow the whistle. If any engineer fails 
to blow the whistle and to check the speed as required in section 
2675 of the Civil Code, he shall be punished as for a misdemeanor. 

§520. (§518.) Within corporate limits, bell to be tolled. Railroad 
companies shall not be required to blow the whistle of their locomo- 
tives on approaching crossings or public roads within the corporate 
limits of any city, town, or village ; but in lieu thereof the engineer 
shall signal the approach of the train to such crossings and public 
roads by tolling the bell of the locomotive, and on failure to do so 
he shall be punished as for a misdemeanor. 

§521. (§519.) Intruding on railroad tracks. Any person intrud- 
ing unlawfully upon the constructed track of a railroad company, 
or the State railroad, contrary to the will of the company or super- 
intendent, shall be guilty of a misdemeanor. 

§522. (§520.) Destroying, injuring, or obstructing railroads. If 
any person shall willfully and maliciously destroy, or in any manner 
injure or obstruct, or shall willfuly and maliciously cause, or aid 
and assist, or counsel or advise any other person to destroy, or in any 
manner to injure or obstruct, any railroad or branch thereof, or 
any bridge connected therewith, or any vehicle, edifice, right, or 
privilege granted by charter, and constructed for use under author- 
ity thereof; or if an unauthorized person shall turn, move, or in 
any manner interfere with any gate, switch, sideling, or other ap- 
purtenances to any such railroad, he shall be imprisoned in the 
penitentiary not less than four nor longer than eight years. 

§523. (§521.) When death ensues. If death ensues from the acts 
mentioned in the preceding section, the offender shall be guilty of 
murder, and punished accordingly. The penalties under this and 
the preceding section shall not interfere with the offender's liability 
for damages. 

§524. Interfering with movement of locomotives or train. AU 

persons are prohibited from interfering with the running of any 
locomotive engine or train upon the railroads in this State ; and if 
any unauthorized person shall start a locomotive engine, either with 
or without cars attached thereto, or shall slow down or bring to a 
stop by a signal, from the inside or outside of a train or otherwise, 
any locomotive engine running with or without cars attached 
thereto, he shall be guilty of a misdemeanor : Provided, that this sec- 



107 TENTH DIVISION.— ARTICLE 25. §§525-529 

Public convenience. 

tion shall not apply to officers and employees of the railroad upon 
which said locomotive engine or locomotive engines are being oper- 
ated, whose duty is connected with the movement of the particular 
locomotive or locomotives ; nor shall it apply to any person who acts 
in case of an emergency in good faith to prevent an accident. Pro- 
vided further, that when the schedule of a train requires it to stop 
at a station on flag, in the absence of the operator it shall not be 
unlawful for a person bona fide desiring to take passage on such 
train to flag the same. Provided further, that this section shall not 
apply to any person who shall do any of the things herein prohibited 
because of any reasonable necessity. 

§525. Qualification of locomotive engineers. Any railway com-'^p^^lg^^^^- 
pany violating the provisions of section 2696 of the Civil Code, on 
the subject of the qualifications of locomotive engineers, shall be 
guilty of a misdemeanor and liable to indictment and punishment 
in any county in this State in which such inexperienced person shall 
be allowed to work upon such locomotive. 

§526. Electric headlights for locomotives. Any railroad company ^p'^.^lo^^^^' 
violating section 2697 of the Civil Code, on the subject of electric 
headlights for locomotives, in any respect, shall be liable to indict- 
ment as for a misdemeanor in any county in which the locomotive 
not so equipped and maintained may run, and on conviction shall 
be punished by fine as prescribed in section 1065 of this Code. 

§527. Railroad Commission, orders of. "Whoever shall violate ^^*^^^i^^^' 
section 2668 of the Civil Code, on the subject of orders of the rail- 
road commission, shall be guilty of a misdemeanor. 

§528. Unlawful disclosures by railroad commissioner or employee. ^^*^^^^^^''' 
Whoever shall violate the provisions of the Civil Code, on the sub-^^^JJ^-^^^^^' 
ject of disclosures by a railroad commissioner or employee of the 
railroad commission, shall be guilty of a misdemeanor. 



ARTICLE 25. 

Public Convenience. 

§529. (§522.) Water and light on railroads. Railroad companies ^cts i863-4, 
shall keep in each passenger-car, or in any car in which passengers^s^s, p. 63. 
are transported, an adequate supply of good, pure drinking water at 
all hours during the day and night, and lights during the night for 
the use of passengers; and upon failure thereof, shall be punished 
as for a misdemeanor. 



§§530-535 



TENTH DIVISION.— ARTICLE 25. 



108 



Public convenience. 



Acts 1863-4, 
p. 132. 



Acts 1863-4, 
p. 13Lr. 



Acts 1906, 
p. 101. 



Acts 1870, 
p. 398. 
1895, p. 63. 



Acts 1890-1, 
p. 157. 



Acts 1890-1, 
p. 157. 



§530. (§523.) Conductors failing to furnish water and lights. 

Any conductor or agent of a railroad, who, after being requested by 
a passenger to furnish a sufficient supply of water to the passengers 
in each car, in the day or night, and light at night, shall pass any 
depot or station without so doing, may be indicted in any county 
through which said railroad runs, of which he is agent or conductor, 
and shall be punished as for a misdemeanor. 

§531. (§524.) Judges to give these sections in charge. The judges 
of the superior courts shall give the two preceding sections in special 
charge to the grand juries of their respective courts. 

§532. Railway station accommodations for passengers. A failure 
to comply with section 2727 of the Civil Code, in relation to a lighted 
and comfortable room for passengers by a railroad company, shall 
be a misdemeanor. 

§533. (§525.) Carriers of passengers to furnish equal accommoda- 
tions to all. Common carriers of passengers for hire shall furnish 
like and equal accommodations to all persons, without distinction of 
race, color, or previous condition; and any officer, employee, or 
agent of a railroad company, steamboat company, or any incorpo- 
rated company that is a common carrier of passengers for hire, or 
any persons who are common carriers, violating the provisions of 
this section, shall be punished as for a misdemeanor. 

§534. (§526.) Separate cars or compartments for white and col- 
ored passengers. Railroads doing business in this State shall furnish 
equal accommodations, in separate cars or compartments of cars, 
for white and colored passengers; and when a car is divided into 
compartments, the space set apart for white and colored passengers 
respectively may be proportioned according to the proportion of 
usual and ordinary travel by each on the road or line on which the 
cars are used. 

§535. (§527.) Employees must assign passengers to their cars. 

Conductors or other employees in charge of such cars shall assign 
passengers to their respective cars or compartments of cars, and 
conductors of dummy, electric, and street-cars shall assign all pas- 
sengers to seats on the cars under their charge, so as to separate the 
white and colored races as much as practicable ; and conductors 
and other employees of railroads, and conductors of dummy, electric, 
and street-cars shall have police powers to carry out the provisions 
of this and the preceding section. 



109 TENTH DIVISION.— ARTICLE 25. §§536-543 



Public convenience. 



§536. (§528.) Remaining in car or seat other than that assigned. ^p%Jf^^-^' 
Any passenger remaining in any car or compartment or seat, other 
than that to which he may have been assigned, shall be guilty of a 
misdemeanor. The conductor and any and all employees on such 
cars have power to eject from the train or car any passenger who 
refuses to remain in such car or compartment or seat as may be 
assigned to him. 

§537. (§529.) Permitting white and colored passengers to occupy ^pCts^isoo-i. 
same car. The officers or employees having charge of such railroad- 
cars shall not permit white and colored passengers to occupy the 
same car or compartment ; and a violation of this section shall be a 
misdemeanor. 

§538. White and colored passengers on sleeping-cars. If any per-^^*|g^^^^' 
son shall violate the provision of sections 2724 and 2725 of the Civil 
Code, relating to white and colored passengers on sleeping-cars, he 
shall be guilty of a misdeiAeanor. 

§539. (§530.) Seats, lights, and ventilation. Companies operating Acts^isoo-i. 
and using compartment cars or separate cars shall furnish to the pas- 
sengers comfortable seats, and have such cars well and sufficiently 
lighted and ventilated ; and a failure to so do shall be a misdemeanor. 

§540. (§531.) Exceptions. The provisions of the five preceding ^^t^^isgo-i^ 
sections shall not apply to nurses or servants in attendance on their 
employers, nor to sleeping-cars. 

§541. (§532.) Overseer failing to do his duty. If a road overseer cobb, 948 
omits to do his duty with respect to the roads, bridges, and cause- p- ^^^ 
ways under his charge, for thirty days from the time the necessity 
for any immediate work occurs, unless hindered by extreme bad 
weather or other providential cause, he is guilty of a misdemeanor, 
and is also liable for all damages at the suit of any person injured 
by such omission. 

§542. Commissioners and overseers of roads, offenses by. If a^^^s^^^^^- 
road commissioner or overseer shall fail to perform any duty im- c^ijjjg ^«<5^' 
posed on him by sections 705 to 711 of the Civil Code, or shall make 
any faudulent disposition of the funds provided for in said Arti- 
cle, or shall be interested directly or indirectly in any contract 
authorized by said Article, he shall be guilty of a misdemeanor. 

§543. (§533.) Altering or obstructing the public road. If any Acts 1895, 
person shall alter a public road, or cut a ditch across, or alter the lo-c?vii code,, 
cation of a bridge, or make a new bridge necessary by his act, with- ^^^^' 



§§544^548 TENTH DIVISION.— ARTICLE 25. 110 



Public convenience. 



out first obtaining an order therefor, he shall be punished as for a 
misdemeanor, and shall be liable by suit for all damages any person 
may sustain thereby. 

"^"^^loa^^' §^^^- I^ij^^^iiigr paved or macadamized roads. If any person shall 

excavate, tear up, or otherwise injure or destroy the paved or 
macadamized roads of this State, except with the consent of the 
county commissioners, or ordinary when the county affairs are in 
the hands of the ordinary, he shall be guilty of a misdemeanor. 

^p?ioo?^^' ^5^5. Injuring the public roads. If any person shall make any 

manner of excavation or otherwise injure the public roads of this 
State, except in the ordinary use thereof, or for the purpose of work- 
ing or repairing the same by the proper authorities, without first 
obtaining the consent of the county commissioners, or the ordinary 
if the affairs of the county are in the hands of the ordinary, he shall 
be guilty of a misdemeanor. 

^^tlgisooi, §546^ (§534.) Encroaching on registered road. If any person 
shall encroach upon a public road that has been registered as re- 
quired by law, by erecting thereon a fence or building or other 
structure, or if he shall in any other manner appropriate to his own 
exclusive use a part of any such road, and shall fail to remove such 
fence, building, or other structure or encroachment, within two days 
after being notified to do so by a road overseer, superintendent of 
roads, or road commissioner of the county, he shall be guilty of a 
misdemeanor. 

1j.*i34?^^"^' §547. (§535.) Obstructing registered road. If any person shall 
obstruct a road registered as aforesaid, by building a fence, or fell- 
ing a tree, or cutting a ditch in or across any part of it ; or shall, 
make or place in or across any such registered road, or part thereof, 
an obstruction of any kind which renders the use of the road unsafe 
or inconvenient ; or shall dig or plow up the surface of a registered 
public road, or remove any dirt or rocks from the same ; or shall 
stop up, fill with dirt, or obstruct any side-ditch or drain of a public 
road, he shall be guilty of a misdemeanor: Provided, that this 
section shall not prohibit the duly authorized acts of the public offi- 
cers of the county. 

A^ts ^1884-5, §548. (§536.) Opening and leaving open gates on a public high- 
way. After a gate has been erected on a highway or public road 
according to the provisions of section 2028 of the Civil Code, if any 
person shall open and leave it open or in a condition for stock to 
enter, he shall be guilty of a misdemeanor. 



Ill TENTH DIVISION.— ARTICLE 26. §§549-552 

Regulations as to farm products. 

ARTICLE 26. 
Regulations as to Farm Products. 

§549. (§537.) Penalty for failing to pay accepted bill or draft. ^j^t^ i859^^ 
If a bill of exchange or draft specifies, in the body thereof, the 
amount for which it is drawn and the time when it becomes due, 
that it is drawn against certain bales of cotton, enumerating them 
and referring to their marks in the margin, and that they were 
sent to the drawee subject to the payment of the bill or draft to the 
payee or his order, to whom the title was conveyed, and such bill or 
draft is accepted in writing by the drawee, and he shall fail or re- 
fuse, after such acceptance, to pay to the payee or his order, at the 
maturity of the paper, the amount of the proceeds of the sale of 
the cotton, if sold by him, or shall fail or refuse to deliver said 
cotton to the payee or his order when demanded after such failure 
to pay, he shall be punished by confinement in the penitentiary for 
not less than one nor more than five years. 

§550. (§538.) Not to be convicted, when, etc. No person shall ^*p*%J^^^£ 
be convicted under the provisions of the preceding section, if he 
can show that the cotton received by him was destroyed by acci- 
dent, or that he was fraudulently or forcibly deprived of the posses- 
sion thereof, or of its value after it was sold. 

The acceptance in writing of the bills of exchange or drafts shall 
be held as prima facie evidence of the receipt by the acceptor of 
the cotton specified therein, and prima facie evidence of the value 
being the amount specified in the bill or draft. 

If such bill or draft shall be drawn on, and accepted by a mercan- 
tile copartnership in the name of the firm, each of the copartners 
shall be held prima facie liable to all the provisions of the preceding 
section. 

§551. (§539.) Failing to pay for cotton, corn, etc. Any person ^p^^^ ^^|^-tj- 
engaged, either on his own account or for others, in the business of 
buying cotton, corn, rice, crude turpentine, spirits turpentine, rosin, 
pitch, tar, or other products sold by planters and commission mer- 
chants on cash sale, who shall buy such articles on sale from a plan- 
ter or commission merchant for cash, and shall fail or refuse to pay 
for, and shall make way with or dispose of the same before he shall 
have paid therefor, shall be imprisoned in the penitentiary for not 
less than one year, nor more than five years. 



§552. (§540.) Procuring consignments of farm products and fail- p 
ing to pay. Any person who shall solicit or in any way procure con- 



Acts ISO.-), 



6; 




/ 



§§553-558 



TENTH DIVISION.— ARTICLE 26. 



112 



Regulations as to farm products. 



signments of fruits, melons, vegetables, butter, eggs, poultry, or 
other farm, orchard, and dairy products in this State, whether for 
themselves or as agents or employees of others, to irresponsible per- 
sons, firms, or corporations, to be sold on commission, and who shall 
fail to account for and pay to the rightful owner the whole net pro- 
ceeds arising from the sale of such products so consigned within 
thirty days, said person soliciting or otherwise obtaining such con- 
signments shall be guilty of a misdemeanor. 



Acts 1896, 
p. 70. 



Acts 1895, 
p. 65. 



Acts 1876, 
p. 115. 



Acts 1880-1. 
p. 178. 



Acts 1880-1, 

p. 89. 
1895, p, 63. 



Acts 1880-1, 
p. 89. 



§553. (§541.) Buyer giving worthless checks. If any person 
shall buy any of the products mentioned in the preceding section, 
either for himself or others, and give a draft, check, or order in 
payment of such products, and the payment of the draft, check, or 
order is refused by the drawee, by which the seller sustains loss, 
such buyer shall be guilty of a misdemeanor. 

§554. (§542.) Purchase of farm products from tenants. "When- 
ever any person shall buy any corn, or cotton in the seed, from per- 
sons residing on the land of another, as tenant or laborer of such 
other person, or from the agent of such tenant or laborer, when said 
tenant or laborer had no right to sell, after notice of such disability 
to sell has been given in writing by the landlord or employer to such 
buyer, the person so buying shall be guilty of a misdemeanor. 

§555. (§543.) Illegal purchase of seed-cotton. If any person shall 
buy or sell any seed-cotton after sunset and before sunrise, or receive 
or deliver any such cotton after sunset and before sunrise, which has 
been sold or to be sold in pursuance of such delivery, he shall be 
guilty of a misdemeanor. 

§556. (§544.) Cutting bagging from cotton. If any person own- 
ing or controlling a cotton compress shall cut or take, without the 
owner's consent, any bagging from the heads or sides of a bale of 
cotton which he may have in charge for the purpose of compress- 
ing the same, he shall be guilty of a misdemeanor. 

§557. (§545.) Illegal charge for weighing cotton. If any scales- 
man, salesman, or other person engaged in the business of weighing 
cotton bales shall charge or receive more than ten cents per bale for 
weighing the same, or charge or receive, for reweighing any bale of 
cotton which has once been taxed ten cents for weighing, more than 
five cents for such reweighing, he shall be guilty of a misdemeanor. 

§558. (§546.) Employer consenting, embraced. The preceding 
section shall embrace a merchant, factor, or other person in whose 
employment the offender may be at the time of the violation, if the 



113 TENTH DIVISION.— ARTICLES 27, 28. §§559-561 

Sale aud use of oleomargarine. Formulas for composting fertilizers. 

illegal charge is made with the consent or knowledge of the em- 
ployer. 



ARTICLE 27. 

Sale and Use of Oleomargarine. 

§559. (§547.) Sale of oleomargarine without notice. If any manu-^^p^^^gl^^^-^' 
facturer, merchant, shopkeeper, or other person shall sell or expose 
for sale the product known as ' ' oleomargarine, ' ' without first brand- 
ing, marking, or labeling it in a legible manner and conspicuous 
place with the word ''oleomargarine," so as to be easily observed by 
persons offering to purchase, and also without first informing the 
person offering to purchase that the article is oleomargarine, he 
shall be guilty of a misdemeanor. 

§560. (§548.) Notice to guests. If the proprietor, keeper, or man-^^^l^l^^^-^' 
ager of any hotel, inn, restaurant, or house of public entertainment 
shall knowingly furnish, offer, or set before, or permit to be offered, 
furnished, or set before his guests the article known as "oleomar- 
garine," without first putting his guests on notice by posting in 
conspicuous places in the dining-room, and in all other rooms where 
the guests of such house are accustomed to take meals, and also in 
the private rooms of the guests, notices that can be easily observed 
and read by the guests, in the following words: "This house uses 
oleomargarine," and also by printing said notice on their bills of 
fare when bills of fare are used by such house, he shall be guilty of 
a misdemeanor. 



ARTICLE 28. 

Formulas for Composting Fertilizers. 

§561. (§549.) Sale of formulas for composting fertilizers. If any ^^ts ^1882-3 
person shall sell or offer for sale any formula for composting fertili- 
zers, patent or otherwise, unless the same has been first submitted to 
the commissioner of agriculture and by him approved, and a certifi- 
cate of approval issued by the commissioner of agriculture, to be 
presented by salesmen whenever offered for sale, he shall be guilty 
of a misdemeanor. 



§§562-568 



TENTH DIVISION.— ARTICLES 29, 30. 



114 



Weights to be stamped on sacks of flour, meal, grits, etc. Turnpikes, bridges, and toll. 



ARTICLE 29. 

Weights to be Stamped on Sacks of Flour, Meal, Grits, and Cotton- 
seed-Hulls. 

Acts 1889, §562. (§550.) Weights to be stamped on sacks of flour and meal. 

i&yo 1, p. 236. If any miller or manufacturer of flour or corn-meal, or any merchant 
or dealer offering said articles for sale, shall fail to stamp or have 
printed on each sack in which either of said articles is packed, in 
plain figures, not less than one and one half inches in length, the 
exact weight of the contents thereof, he shall be guilty of a mis- 
demeanor. 

Acts 1889, §563. (§551.) Exceptions. The preceding section shall not apply 

1890-1, p. 236. to grist ground for toll, nor to millers, merchants, or dealers, selling 

flour or meal in quantities less than a full sack, or in any quantities 

when sold by weight. 



Acts 1906, 
p. 118. 



Acts 1906, 
p. 111. 



Acts 1901, 
p. 63. 



§564. Corn-meal, weight and packages of. Any person who shall 
violate section 1870 of the Civil Code, relating to corn-meal, shall 
be guilty of a misdemeanor. 

§565. Flour, grits, and corn-meal, how marked and weighed. Any 

person who shall violate sections 1867, 1868, and 1869 of the Civil 
Code, relating to packing, marking, and weighing flour, grits, and 
corn-meal, shall be guilty of a misdemeanor. 

§566. Cottonseed-hulls; weight to be stamped. Any person, firm, 
or corporation who shall sell cottonseed-hulls in bales or packages, 
without having the weight thereof plainly stamped or branded on 
each bale or package, shall be guilty of a misdemeanor. 



Acts 1882-3, 

p. 134. 
1895, p. 63. 



Acts 1884-5, 
p. 125. 



ARTICLE 30. 
Turnpikes, Bridges, and Toll. 

§567. (§552.) Collecting toll on turnpike out of repair. If any 

owner of a turnpike-road, or keeper of a toll-gate upon a turnpike- 
road, shall demand or collect toll from any person for traveling over 
such road when it is not kept repaired, so as to comply with the 
terms of its charter, he shall be guilty of a misdemeanor. 

§568. (§553.) Turnpikes, maximum grade. The maximum or 
greatest grade of all turnpike-roads shall not exceed one foot in 
fifteen, unless a greater or steeper grade has been allowed in the 



115 TENTH DIVISION.— ARTICLE 31. §§569-574 

Private insane asylums, wrongful imprisonment of sane persons, and aiding escapes. 

charter heretofore granted ; and if any owner, gatekeeper, or person 
in charge shall collect toll on a turnpike-road with a grade in viola- 
tion of this section, he shall be guilty of a misdemeanor. 

§569. (§554.) Failure to post rates of toll. If the proprietor of a ^p^^lg!^^^^' 
bridge, ferry, turnpike, or causeway, where toll is allowed to be^^^^' p- ^^• 
charged, shall fail to fix, in a conspicuous place as near the same as 
practicable, a board on which shall be the various rates of toll, he 
shall be guilty of a misdemeanor. 

§570. (§555.) Charging excessive toll. If any person shall charge ^^*|gis^^' 
more than the lawful rates, or more than indicated by the board, he^^^^' p- ^^^ 
is guilty of a misdemeanor ; and for the second offense, in addition 
to the punishment, he forfeits his franchise. 

§571. §(556.) Obstructing a ford, bridge, or ferry. No person^obb, ^959. 
authorized to have a bridge or ferry on his own land will be per- p- ^^• 
mitted to stop up or obstruct any ford, bridge, or ferry; and upon 
so doing he is guilty of a misdemeanor. 

§572. (§557.) Collecting toll without authority, etc. If any person-^cts 1895, 

P» DO. 

demands or receives toll for crossing any ferry, bridge, causeway, orS^'^^. 
turnpike, after the revocation of his license or forfeiture of his 
charter, or, having a right for a ferry, allows the banks on either 
side to be out of repair for more than five days at any one time, or 
to provide good and safe boats of a size sufficient for the accommoda- 
tion of the public, furnished with competent and sufficient ferrymen, 
for the safe and speedy passage of all persons, vehicles, horses, and 
stock, or, in case of a toll-bridge or causeway, fails to keep the same 
in good repair, without reasonable excuse for such failures, to be 
determined by the court, he is guilty of a misdemeanor. 

§573. (§558.) Owners of private bridges, etc., liable. The owner §572. 
of a private bridge, ferry, turnpike, or causeway, who passes per- 
sons for toll, incurs the same liabilities and penalties as those per- 
mitted by law. 



ARTICLE 31. 



Private Insane Asylums, Wrongful Imprisonment of Sane Persons, 

and Aiding Escapes. 

§574. (§559.) Letters of inmates of private insane asylums pro-^cts^i89o-i, 
tected. Any superintendent, officer, or employee of a private insane^^^J' p- ^p- 

j.o95| p. 63. 

asylum, who refuses or neglects to comply with, or willfully and 
knowingly violates, any of the provisions of sections 1624 and 1625, 



§§575-579 



TENTH DIVISION.— ARTICLE 32. 



116 



Driving diseased cattle, grazing stock, diseased stock, and quarantine regulations. 

of the Civil Code, shall be punished as for a misdemeanor, and shall 
thereafter be incapable of holding an office in any asylum in this 

State. 



Acts 1890-1, 

p. 237. 
1892, p. 109. 
1895, p. 63. 



Acts 1894, 
p. 103. 



§575. (§560.) Maliciously causing imprisonment of sane person. 

Any person who maliciously causes the imprisonment of a sane per- 
son, knowing such person to be sane, in any asylum, public or pri- 
vate, shall be imprisoned in the penitentiary not more than fourteen 
years nor less than two years. 

§576. (§561.) Aiding escape of patient from State Sanitarium. 

Any person who shall aid or assist, or attempt to aid or assist, a 
patient to escape from the State Sanitarium, who has been lawfully 
committed to said institution, shall be guilty of a misdemeanor. 



Acts 1880-1, 
p. 143. 



Acts 1882-3, 
p. 147. 



Acts 1882-3, 
p. 129. 



ARTICLE 32. 

Driving Diseased Cattle, Grazing Stock, Diseased Stock, and Quar- 
antine Eegulations. 

§577. (§562.) Driving diseased cattle, and driving cattle into cer- 
tain localities. Any person who shall knowingly drive or move, for 
the purpose of grazing, any cattle having the disease known as 
"murrain," or having any other distemper or infectious disease, to 
any place other than the place where the cattle at the time are so 
diseased, or driving work oxen or other cattle into or through such 
localities between April fifteenth and October fifteenth annually, 
shall be guilty of a misdemeanor. 

§578. (§563.) Driving cattle from infected localities. Any person 
who shall willfully and knowingly drive or move, for the purpose of 
grazing, any cattle from any locality infected with a distemper or 
infectious disease to any place in this State where cattle are not 
liable to have said disease (unless associated with cattle from locali- 
ties infected with distemper or infectious disease), shall be guilty of 
a misdemeanor. 

§579. (§564.) Driving stock into the State to graze. If any per- 
son, either by himself or another, shall drive any horses, mules, hogs, 
cattle, or other live stock from another State into any county of this 
State for the purpose of grazing the same, or, after having driven 
the same into any county of this State, shall permit them to graze or 
run at large in any marsh or forest range in any county of this 
State, he shall be guilty of a misdemeanor. 



117 TENTH DIVISION.— ARTICLE 33. §§580-585 

Impounding animals, breaking a pound, and estrays. 

§580. (§565.) Exception. The preceding section shall not prevent ^p^*^29^^2-^' 
persons owning lands in this State from driving or permitting the 
driving of such stock to their own premises there to be kept. 

§581. Importation of diseased stock prohibited. If any person ^p^*|2^^^^' 
shall knowingly import within the limits of this State any stock 
with contagious diseases, except distemper, he shall be guilty of a 
misdemeanor. 

§582. Quarantine regulation as to cattle. Any person, company, ^p^*^^^^^^' 
or corporation who shall violate any quarantine provision, rule, or J^J?^' l'^^^^' 
regulation established by the commissioner of agriculture of this §§-^'^1' 2082. 
State, under the authority of law for the protection of cattle, shall 
be guilty of a misdemeanor. 

§583. Interfering with State veterinarian or live-stock inspector, ^^^^gj^^^- 
Any person who shall forcibly resist, oppose, assault, prevent, im- 
pede, or interfere with the State veterinarian or any duly authorized 
live-stock inspector in the execution of his duties, or on account of 
the execution of such duty, shall be punished as for a misde- 
meanor. 



AETICLE 33. 

Impounding Animals, Breaking a Pound, and Estrays. 

§584. (§566.) Illegally impounding an animal, or breaking a^^^*|2^ss2-^' 
pound. If any person shall, under the pretext of sections 2032, 2033/^^^' p- ^• 
and 2034 of the Civil Code, unnecessarily or out of mere vexation 
take up and impound any such animal as is therein described, or, 
after having taken up and impounded such animal, shall fail to give 
the notice required by law, or to estray it in case the owner is not 
known or ascertained within the time prescribed by said sections, or 
shall fail to give proper care and attention as therein provided, or 
in any manner shall injure or maltreat it, or shall break a pound and 
release an animal which as been legally impounded or estrayed, 
without having first paid all damages that may have been incurred, 
he shall be punished as for a misdemeanor, and, in addition, shall 
pay the owner of such animal, or pound, double the amount of dam- 
ages actually sustained by a violation of the provisions of said 
sections. 

§585. (§567.) Penalty against taker up of estray. The taker up of^^^'^* ^so- 
an animal, according to the provisions of the Civil Code, is liable to 



§§586-589 



TENTH DIVISION.— ARTICLE 34. 



118 



Game. 



the county or the owner, as the case may be, in five times the value 
of the estray, if, after taking it up, he fails to have it appraised and 
returned, or forthcoming, according to law, providential causes only 
excepted ; and if he appropriates it to his own use, and fails to pay 
said forfeiture after demand in writing by the ordinary, he is guilty 
of a misdemeanor. 



Acts 1893, 

p. 121. 

1895, p. 75. 

1899, p. 95. 

1903, p. 100. 

1905, p. 112. 

1908, p. 99. 



Acts 1898, 
p. x07. 



Acts 1903, 
p. 100. 



Acts 1903, 

p. 100. 
Civil Code, 

gzl49. 



ARTICLE 34. 

Game. 

§586. Game, protection of. If any person shall shoot, trap, kill, 
ensnare, net, or destroy, in any manner, any wild turkey, pheasant, 
partridge or quail between the fifteenth day of March and the first 
day of November in each year; or shall kill, shoot, trap, ensnare, 
net, or in any manner destroy any dove, marsh-hen or snipe, between 
the fifteenth day of March and the 15th day of July in each year; 
or shall shoot, trap, kill, or ensnare, or in any manner destroy any 
summer or wood duck, or woodcock, between the first day of Feb- 
ruary and the first day of September in each year, or remove from 
the nests or in any manner destroy the eggs of any of the birds pro- 
tected by this section during the period they are protected, except 
as is hereinafter provided, or shall hunt, kill, shoot, wound, ensnare, 
or in any manner destroy or capture any wild deer or fawn between 
the first day of January and the first day of September in each year, 
or sell or offer for sale or have in possession during the closed season 
any bird or animal, or any part of either, whether alive or dead, 
that are protected by this section during the period they are so 
protected, he shall be guilty of a misdemeanor. 

§587. Doves, baiting prohibited. The baiting or killing of doves 
thus baited, any season of the year, shall be a misdemeanor punish- 
able by a fine of not less than ten dollars nor more than fifty dol- 
lars. 

§588. Doves, the number to be killed limited. If any person shall 
shoot, kill, ensnare, or trap, whether over baited grounds or not, 
more than forty doves in any one day, he shall be guilty of a mis- 
demeanor. 

§589. Catching or killing to sell without a license. If any person, 
except on his own lands, shall trap, net, kill, or in any manner take, 
for the purpose of selling the same, any wild turkey, quail, dove, or 
deer, without complying with the provisions of the Civil Code as to 
a license, he shall be guilty of a misdemeanor. 



119 TENTH DIVISION.— ARTICLE 35. §§590-596 

Terrapins, turtles, fishing, and oysters. 

§590. Opossums. If any person shall hunt or catch any opossum ^p^^^pj^^*^' 
between the first day of March and the first day of October of each 
year, he shall be guilty of a misdemeanor. 

§591. Partridge or quail not to be trapped, netted, or exported. ^^^^^J^^^^* 
If any person, firm, or corporation shall export, ship, or carry, or^s^^' p- ^^' 
cause to be exported, shipped, or carried, beyond the limits of this 
State, any partridge or quail at any season of the year, or if any 
person at any season of the year shall net or trap partridges or 
quail, except on his or her premises during the hunting season, he 
shall be guilty of a misdemeanor. 

§592. Possession of game evidence of violation. In all cases of^^^l^J^os, 
arrests made for the violation of any of the provisions of this Article, 
the possession of game or fish, or of the eggs of birds, protected, shall 
be deemed and held to be prima facie evidence of the violation of the 
provisions of this Article. 

§593. (§570.) Fire-hunting. No person shall hunt with a gun by ^^^l^^^so-i, 
firelight or kill any deer so hunting by firelight in the night-time, 
except upon his own premises, without the full permission and con- 
sent of the owner of the lands upon which he may hunt. And any 
person violating this section shall be guilty of a misdemeanor. 

§594. Protection of birds. Whoever shall violate the provisions ^p'^^gg^^^^' 
of sections 2150 to 2157, each inclusive, of the Civil Code, relating 
to the protection of birds, shall be guilty of a misdemeanor, and 
shall be fined five dollars for each bird, living or dead, or part of 
bird, nest, or set of eggs or part thereof, possessed in violation of 
this Article, or shall be imprisoned not less than five nor more than 
thirty days for each offense ; or shall be subject to both such fine and 
imprisonment at the discretion of the court. 



ARTICLE 35. 
Terrapins, Turtles, Fishing, and Oysters. 

§595. (§571.) Time within which terrapins may not be captured. ^^t^issr, 

If any person shall capture terrapins in any of the rivers, estuaries, 
bays, sounds, creeks, or tide-waters of this State, by means of seines, 
nets, traps, or other device, from the first day of March to the twen- 
ty-fifth day of July, he shall be guilty of a misdemeanor. 

§596. (§572.) Females terrapins of certain size not to be captured. ^^^^isst, 

"KT • P' 

No person shall capture m any manner, or at any time, female ter- 



§§597-601 



TENTH DIVISION.— ARTICLE 35. 



120 



Terrapins, turtles, fishing, and oysters. 



rapins of a less size than five and one half inches, measured length- 
wise on the lower shell; and when any such terrapins are caught, 
they shall be at once returned to the waters from which they were 
taken. A violation of this section shall be a misdemeanor. 



Acts 1902, 
p. 56. 

1887, p. 99. 



Acts 1887, 
p. 99. 



Acts 1855-6, 
p. 14. 
1887, p. 99. 
1895, p. 63. 



Cobb, 910, 

911. 
Acts 1894, 

p. 42. 
1895, p. 63. 



§§218, 419. 



Acts 1872, 
p. 58. 
1895, p. 68. 
8218. 



§597. (§573.) Evidence and exception. It shall be prima facie 
evidence of a violation of the provisions of the two preceding sec- 
tions for any person, or persons to be found in possession of any 
terrapin of a less size than five and one half inches, measured 
lengthwise on the lower shell, at any season of the year, or of any 
terrapin of any kind between the first of March and the 25th of 
July : Provided, that nothing in this section shall be so construed 
as to apply to persons owning and maintaining a bona fide and 
duly established terrapin crawl, or pen in which terrapins may be 
kept for the purpose of raising and cultivation. 

§598. (§574.) Regulations as to nets. If any person shall at any 
time use any seine, net, trap, or other device for the capture of ter- 
rapins, with meshes or openings smaller than five and one half inches 
stretched, or four and one fourth inches loose measure, he shall be 
guilty of a misdemeanor. 

§599. (§575.) Turtles, when to be taken. If any person shall 
take turtles within tide-water at any time other than from the first 
day of May to the first day of September, he shall be punished as 
for a misdemeanor. 

§600. (§576.) Fishing regulated. No person shall inhabit, oc- 
cupy, or reside in any vessel, ark, or flat on any river of this State, 
which shall not be engaged in the lawful commerce of said river in 
the carriage of goods or produce to or from market, unless owned by 
the proprietors of the shores, or their lessees : Provided, nothing -in 
this section shall be construed to prevent the owners of the land on 
said rivers, or their lessees, from taking fish in the river opposite 
their banks ; but no seine shall be permitted to be used in said rivers, 
either by such owners or their lessees, from twelve o'clock Saturday 
night to twelve o 'clock Sunday night : And provided also, that 
every lease or license to fish shall be recorded within ten days after 
the granting thereof in the clerk's office of the superior court of 
the county where the land lies. A violation of any of the fore- 
going provisions shall be punished as for a misdemeanor. 

§601. (§577.) Illegal fishing. No person, other than the proprie- 
tors of the shores and banks of salt creeks, estuaries, and rivers 
(or such person as shall be by any such proprietor authorized), shall 



121 TENTH DIVISION.— AETICLE 35. §§602-606 



Terrapins, turtles, fishing, and oysters. 



take fish, or attempt to do so, with any line, net, or contrivance, on 
any. creek, estuary, or river, where an artificial shell-reef, beds, or 
fishing-grounds have been constructed within one hundred yards 
thereof. Nor shall one proprietor construct or use such places oppo- 
site the shore or bank of another proprietor beyond the center of the 
creek, estuary, or river opposite his own shore or bank. Any person 
violating the provisions of this section shall be guilty of a misde- 
meanor. 

§602. (§578.) Traps, etc., unlawful, except by consent. If any^p.^y^"^^' 
person shall put any trap, wire, trot-line, set-line, or other like con- 
trivance, for catching fish for sale, in any of the lakes or other 
waters of the State, upon or within the lands of another, without the 
written consent of the owner thereof, he shall be guilty of a misde- 
meanor. 

§603. (§579.) Obstructing passage of fish. If any person shall ^p'.'ls!^^^'^' 
place in the waters of any river or creek, or any fresh-water drain, ' ^' 
any dam, trap, net, seine, or other device for catching fish, unless 
the main channel of such stream is left open for a space of ten feet 
for rivers and one third channel of creek, at low-water mark, unob- 
structed for the free passage of fish up or down such stream, he shall 
be guilty of a misdemeanor; and the sheriff of the county, upon 
complaint of persons in the territory of such obstructions, shall have 
authority to break and open any dam, net, or other obstruction that 
may be placed in such waters in violation of this section. This sec- 
tion does not apply to dams for milling or manufacturing purposes. 
The words "low-water mark" shall not apply to fresh-water drains. 

§604. (§580.) Killing fish with dynamite, or firearms. If any per- ^p^^^'^' 
son shall use firearms, dynamite, or other explosive or destructive ^^^' ^' ^^^' 
substance for the purpose of killing fish, he shall be guilty of a 
misdemeanor. 

§605. (§581.) Nets, etc., extending to or obstructing more than'^p^'.^lss^^^' 
one half the stream. If any person shall use nets, seines, or other 
contrivances covering, extending to, or obstructing more than one 
half of the stream, for catching or taking shad in any of the streams 
of this State, he shall be guilty of a misdemeanor. 

§606. (§582.) Closed time and meshes of nets for shad. There ^p'p' 20^^21. 
shall be a ''closed time" in the rivers in which shad are caught, 
of forty-eight hours, commencing at sunrise on Saturday morning 
of each week and ending at sunrise on Monday morning of the next 
week, during which ''closed time" no shad or other migratory fish 
shall be caught by nets, wires, pounds, or any other means what- 



§§607-614 



TENTH DIVISION.— ARTICLE 35. 



122 



Terrapins, turtles, fishing, and .oysters. 



Acts 1876, 
pp. 20, 21. 



Acts 1876, 
pp. 20, 21. 



Acts 1890-1, 
p. 213. 



Acts 1899, 

p. 96. 
1902, p. 107. 



Acts 1899, 
p. 68. 
1903, p. 100. 

§774. 



Acts 1903, 
p. 100. 

1904, p. 103. 

1905, p. 112. 



Acts 1908, 
p. 100. 



ever ; neither shall such nets, wires, pounds, or other apparatus be 
left in said rivers during said "closed time." The meshes of nets 
or other apparatus for catching said fish shall not be less than five 
inches. 

§607. (§583.) When shad shall be taken. No shad shall be taken, 
except between the first day of January and the twentieth day of 
April of each year, except for spawning purposes, to carry out the 
provisions of law for propagating fish. 

§608. (§584.) Penalty. A violation of either of the two pre- 
ceding sections shall be a misdemeanor. 

§609. (§585.) Seining or netting for mountain trout. If any per- 
son shall seine or net for fish in any of the streams in which moun- 
tain trout exist, or are placed, he shall be guilty of a misdemeanor. 

§610. Non-resident shall not take oysters or fish to sell. If any 

non-resident of this State shall take or catch any oysters or fish from 
the public waters of this State for the purpose of selling them, he 
shall be guilty of a misdemeanor. 

§611. Poisoning fish. Any person who shall directly by himself, 
or by aiding or abetting others, put walnut-hulls, walnut-leaves, 
devil shoestring, or any poisonous substances whatever of any kind 
in any waters, either running streams or standing waters, such as 
lakes, ponds, or eddy places in any river or creek within the limits 
of this State, which will be likely to drive away or poison the fish 
therein by contaminating said waters, shall be guilty of a misde- 
meanor. 

§612. Closed period; seins, nets, gigs, spears. If any person shall 
catch or take any fish with seine, net, gig, or spear, or like device 
from any of the waters of this State, between the first day of Feb- 
ruary and the first day of July in each year, except with hook and 
line, he shall be guilty of a misdemeanor. 

§613. Shad. In the case of shad the above prohibition as to dates 
shall apply only between the 15th of April and the 1st of July. 

§614. Drift-nets, when they shall not be used. Whoever shall 
catch any shad or other fish, or use for the purpose of catching 
shad or other fish, in any of the waters of this State, any net or 
nets known as drift-nets, between the hours commencing at sundown 
on Thursday of each week and ending at sunrise on Monday morn- 
ing of the next week, shall be guilty of a misdemeanor. 



323 TENTH DIVISION.— ARTICLE 35. §§615-621 

Terrapins, turtles, fishing, and oysters. 



§615. (§586.) Time for taking oysters. If any person shall prick, -^^^^^^J^^^' 

§1937. 



tong, dredge, or in any other manner take or catch oysters from any ^J^^^„ ^"^^' 



of the waters of this State, except from private beds, from the first 
of May to the thirty-first day of August, inclusive, except for the 
purpose of replanting the same in the waters of this State ; or shall 
take them for any purpose during any season from one hour after 
sunset on Saturdays until one hour before sunrise on the succeeding 
Mondays, he shall be guilty of a misdemeanor. 

§616. (§587.) Unlawfulto rough take oysters. If any person shall ^^.*|4J^^^' 
* 'rough" take or catch oysters from any of the public beds within ^g^^gg^^^®' 
the waters of this State, unless the same shall be culled over the 
beds from which they may be taken, except when the weather is 
such as to render it dangerous to remain at the beds, he shall be 
guilty of a misdemeanor. This section shall not apply to the taking 
of oysters for the purpose of replanting the same in any of the 
waters of this State. 

§617. (§588.) Removing oysters from private beds, or removing ^p*i48^^^' 
oyster-marks. If any person shall, without authority from the ^llggg^^^®' 
owner, take or catch any oysters from any private bed, or remove 
or deface any oyster-marks, he shall be guilty of a misdemeanor. 

§618. (§589.) How oysters may be taken. If any person shall take^p^*i44^^^' 
or catch oysters by the use of any other instrument than the oyster ^p94o^^^®' 
tongs heretofore in general use for taking oysters, within the wa- 
ters less than one thousand feet distant from the shore-line at ordi- 
nary mean low tide, he shall be guilty of a misdemeanor. 

§619. (§590.) Exceptions. The foregoing section does not apply ^p*l4l^^^' 
to oysters taken by any means from private beds by the owner or^gig^^f^*''^®' 
lessee thereof. Nor does it apply to oysters taken from unleased 
territory within said limits, for the purposes of transplanting to 
other beds in this State, with the consent and approval of the ordi- 
nary and board of county commissioners as provided by law. 

§620. (§591.) Certain persons shall not procure oyster-beds in this^p^^^ 214^215 
State. If any person, corporation, or agents thereof, who are en-^ij^igj^^'^^' 
gaged in any other State in the business of shipping or canning 
oysters, shall procure oyster-beds of this State, it shall be a misde- 
meanor. 

§621. (§592.) Tonging or catching at night. If any person shall ^^*|j^^^^-^' 
tong or catch oysters between sunset and sunrise, unless an unob-^g*5[^^4^^°^®' 
structed light, six feet above the gunwale, be carried on board the 
boat used for such purpose, he shall be guilty of a misdemeanor. 



§§622-626 



TENTH DIVISION.— ARTICLES 36, 37. 



124 



Dutios of officers of banks and other corporations. Foreign building and loan associations, etc. 



Acts 1907, 
p. 85. 



Acts 1907, 
p. 85. 



ARTICLE 36. 

Duties of Officers of Banks and Other Corporations. 

§622. State bank examiner or assistant. The State bank examiner 
or assistant who shall willfully neglect to perform any duty pro- 
vided for by sections 2279 to 2310, each inclusive, of the Civil 
Code, or who shall knowingly and willfully make any false state- 
ment concerning any bank or trust company, or shall be guilty of 
any misconduct or corruption in office, shall be guilty of a misde- 
meanor, and in addition thereto shall be removed from office by the 
Governor. 

§623. Certifying bank checks. Any officer, clerk, or agent of a 
bank, who shall violate section 2301 of the Civil Code, on the sub- 
ject of certifying bank checks, shall be guilty of a misdemeanor. 



Acts 1890-1, 
pp. 176, .180. 
1895, p. 63. 



Acts 1890-1, 

pp. 176, 180. 
1895, p. 63. 



Acts 1887, 

p. 122. 
Civil Code, 

§2444. 
Penal Code, 

§626. 



ARTICLE 37. 

Foreign Building and Loan Associations, Insurance Companies, In- 
vestment Companies, and Fraternal Beneficiary Orders. 

§624. (§595.) Foreign building and loan associations. If any offi- 
cer, director, or agent of any foreign building and loan association 
shall, in this State, solicit subscriptions to the stock of such associa- 
tion, or sell or issue, or knowingly cause to be sold or issued, to a 
resident of this State any stock of an association while said asso- 
ciation has not on deposit, as required by law, seventy-five per cent, 
of all its securities, or before said association has complied with all 
the provisions of law, he shall be guilty of a misdemeanor. 

§625. (§596.) Sale of stock of home company to non-residents. 

If any officer, director, or agent of any building and loan association 
incorporated under the laws of this State shall sell, is^ue, or know- 
ingly cause to be sold or issued, to any person not a resident of the 
State in which the home office of said company is located, any stock 
of said association while said association does not have on deposit, 
as required by law, seventy-five per cent, of all of the securities of 
said association taken in the regular course of business, he shall 
be guilty of a misdemeanor. 

§626. (§597.) Penalty on agents of unauthorized insurance com- 
panies. Any person who shall do or perform any of the acts or 
things mentioned in the law of this State regulating the business of 



) 



125 TENTH DIVISION.— ARTICLE 37. §§627-630 

Foreign building and loan associations, insurance companies, investment companies, etc. 

insurance, for any insurance company, or agent of said company, 
without such company having first received a certificate of authority 
from the insurance commissioner of this State, as required by law, 
shall be punished as for a misdemeanor, and shall also pay a sum 
equal to the State, county, and municipal taxes and licenses required 
to be paid by insurance companies legally doing business in this 
State. It is the duty of the insurance commissioner to see that vio- 
lators of the provisions of this section are prosecuted. 

§627. (§598.) Falsely or fraudulently procuring insurance. Any-^^cts^i^sT, 
agent, physician, or other person, who shall knowingly secure, or^^os, p. 63. 
cause to be secured, a certificate of membership on any person with- 
out his knowledge or consent, or, by means of misrepresentations, 
fraudulent or untrue statements, be instrumental in securing a cer- 
tificate of membership on an aged or infirm person, or in restoring 
to membership a person not in an insurable condition, shall be pun- 
ished as for a misdemeanor, and the certificate or renewal so secured 
shall be absolutely void. 

§628. Investment company business, transacting unlawfully. Any^p^*^/^°^' 
company, corporation, partnership, or association, or any officer or 
agent of the same, who shall attempt to place or transact business as 
defined in section 2899 of the Civil Code, relating to investment com- 
panies, if the corporation, company, partnership, or association has 
not a license to do so, shall be guilty of a misdemeanor. 

§629. Acting for fraternal beneficiary order illegally. Any officer, Acts looo, 
agent, or person acting for any fraternal beneficiary order, or subor-civii code. 
dinate body thereof, within this State, while it shall be prohibited '" 
from doing business pursuant to the provisions of the Civil Code, 
shall be guilty of a misdemeanor, and shall be punished by a fine 
of not less than twenty-five dollars nor more than one hundred dol- 
lars. 

§630. Acting for order without complying with law. Any person ^^'^^ looo, 
who shall act within this State as an officer, agent, or otherwise for 
any such fraternal beneficiary order, in soliciting or procuring new 
business or members, which shall have neglected or refused to com- 
ply with the provisions of the Civil Code, on the subject of fraternal 
beneficiary orders, shall be guilty of a misdemeanor and be punished 
as in the preceding section. 



§§631-634 TENTH DIVISION.— ARTICLES 38, 39, 40. 126 



Peddling without a license. Emigrant agents. Receipts by common carriers and inkeepers, etc. 

ARTICLE 38. 
Peddling without a License. 

icts'ilel'-e, §^^1- (§600.) Peddler selling without a license. If any peddler, 
p. 233. or itinerant trader, shall sell any goods, wares, or merchandise, ex- 

cept such as are excepted by law, without a license from the proper 
authority, he shall be guilty of a misdemeanor. 



ARTICLE 39. 
Emigrant Agents. 

^cts^J87T, §532. (§601.) Acting as emigrant agent without a license. Any 

person who shall solicit or procure emigrants, or shall attempt to do 
so, without first procuring a license as required by law, shall be 
guilty of a misdemeanor. 



ARTICLE 40. 



Receipts by Common Carriers and Innkeepers, Traffic in Tickets, and 

Sales of Patent Rights. 

^w^ sirt'sT §6^^- (§602.) Receipts of carriers. Whenever any person shall 
1S95, p. 63. deliver property of any description to a railroad, steamboat, or ex- 
press company, for transportation, said company shall, upon demand, 
furnish the party so delivering a valid receipt which shall specify 
the shipping marks and numbers thereon an)i the weight of the 
property thus delivered, whenever the value can be estimated by 
weight ; and in all cases where the value can not be thus estimated, 
the receipt shall give a general description of the property, and shall 
also specify, as near as practicable, the quantity or value thereof, 
and also the place of destination; and any agent or officer of such 
company violating the provisions of this section shall be guilty of 
a misdemeanor. 



^cts^i865^ §634. (§603.) Innkeepers to give checks or receipts for baggage. 

1865-6, p. 233. Kccpcrs of iuus, hotcls, and other houses of public entertainment 
for travelers shall give receipts or checks for all baggage of their 
guests, delivered in such inn, hotel, or house of entertainment, when 
requested so to do by such guest; and such keeper shall not make 
any additional charge for receipting for, checking, or keeping such 
baggage, so long as the owner remains a guest of the house. A 
violation of the provisions of this section shall be a misdemeanor. 



127 TENTH DIVISION.— ARTICLE 41. §§635-641 

Inspection of oil, and sale of illuminating fluids. 

§635. Illegal sale of patent, copy, or proprietary rights. If any^J;*!^^^^^' 

person shall violate the provisions of section 4293 of the Civil Code, 
by selling any of the articles mentioned in that section without 
expressing in the face of such notes or contracts or other evidence 
of debt the article or thing for which the same was given, he shall 
be guilty of a misdemeanor. 

§636. Illegal traffic in tickets. Whoever shall violate sections 2733 ^^^lo2^^^' 
or 2734 of the Civil Code, relating to traffic in non-transferable tick- 
ets, shall be guilty of a misdemeanor. 



ARTICLE 41. 

Inspection of Oil, and Sale of Illuminating Fluids. 

§637. (§604.) Illegal use of official brands. If any person shalHp^t^^^JsQo-i, 
use the official branding device of the inspector of oils, contrary to^j^j^g^^ode,^^^ 
he shall be guilty of a misdemeanor. 

§638. (§605.) Duplicate of request for inspector. Whenever a^^^^^J^^oi' 
person desires to have oil inspected, he shall, at the time of sending <^^^^^g^o*^®' 
the order for inspection to the inspector, send a duplicate of the 
order to the commissioner of agriculture ; and for a failure to do so, 
he shall be guilty of a misdemeanor. 

§639. (§606.) Illegal sale of illuminating fluids. Any person who^p^*|g^^^^-^' 
shall sell or offer for sale any of the illuminating fluids designated ^^^^' p- ^^• 
in section 1809 of the Civil Code, in violation of the provisions of 
said section, shall be guilty of a misdemeanor. 

§640. (§608.) Wrongful use of branded vessels. Any dealer in^^^*^^^^^^^-^' 
illuminating oils or fluids who shall receive, give away, buy, or sell*^^^^^^^^*'*^'^' 
any empty barrels or other packages from which said oil or fluid 
has been emptied, without first removing or defacing the inspector's 
brand, or shall refill such casks or other packages with uninspected 
oil or fluid for the purpose of sale, and shall sell or offer the same 
for sale without first having it inspected, shall be guilty of a misde- 
meanor; the fine, if one be imposed, to be devoted to the public- 
school fund in the county in which the offense is committed. 

§641. (§609.) Inspector, clerk, or deputy violating law. All^p^jJ^^g^-^; 
clerks and deputies of inspectors are held amenable and subject to^'^'^ ^°*^^' 
the penalties for violating any of the provisions of law regulating 
the inspection of coal and petroleum oils ; and any inspector, inspec- 
tor's clerk, or deputy, who fails to discharge the duties required of 



pp. 152, 153. 
^ivil Code, 
§§1803-1814. 



§§642-647 



TENTH DIVISION.— ARTICLE 42. 



128 



Inspection of fertilizers, flour, grain, cottonseed-meal, wood timber, and naval stores. 

him by said law, or violates the same, shall be guilty of a misde- 
meanor. 



Acts 1S72, 

p. 55. 
Civil Code, 

§1809. 



§642. (§610.) Sale of uninspected oil. If any person shall sell, or 
keep for sale or in storage, any crude or refined petroleum, naphtha, 
kerosene, earth-rock, coal, machine, or illuminating oil, the products 
of petroleum, earth-rock, or coal-oil, without having the same in- 
spected and approved by an authorized inspector, he shall be guilty 
of a misdemeanor. 



Acts 1890-1, 

p. 146. 
1897, p. 115. 
1901, p. 65. 
Civil Code, 

§§1771-1799. 



Acts 1895, 

p. 63. 
Civil Code, 

§§1864-1870. 



Acts 1890-1, 

p. 222. 
Civil Code, 

§1779. 



Acts 1876, 

p. 32. 
Civil Code, 

§1836, 1843. 



Cobb, 24. 
Acts 1895, 

p. 63. 
Civil Code, 

§1832. 



ARTICLE 42. 

Inspection of Fertilizers, Flour, Grain, Cottonseed-meal, Wood, 

Timber, and Naval Stores. 

§643. (§611.) Illegal sale of fertilizers or chemicals. Any person 
selling or offering for sale any fertilizers or chemicals, without hav- 
ing first complied with the provisions of law as .to the inspection, 
analysis, and sale of commercial fertilizers, chemicals, and cotton- 
seed-meal, shall be guilty of a misdemeanor, 

§644. (§612.) Neglect of duty by inspectors of flour, etc. Any 
neglect of duty by an inspector of flour, Indian corn, and' corn-meal, 
wheat, and other grain in bags, barrels, or in bulk, shall be a misde- 
meanor. 

§645. (§613.) Inspection, analysis, and sale of cottonseed-meal. 

Any person violating the provisions of law governing the inspection, 
analysis, and sale of cottonseed-meal shall be guilty of a misde- 
meanor. 

§646. (§614.) Excessive charge for inspecting lumber and timber. 

No corporate authority, incorporation, or court shall authorize in- 
spectors and measurers of lumber and timber to charge more than 
twenty-five cents per thousand feet for inspecting, measuring, and 
trimming lumber and timber; if any such inspector or measurer 
shall charge more than that sum, he shall be guilty of a misde- 
meanor. 

§647. (§615.) Inspector shall not be clerk, etc. If any timber or 
lumber inspector or measurer shall, during his term of office, be the 
clerk or agent of a lumber or timber buyer, or the clerk or agent of a 
lumber-mill, he shall forfeit his office and be punished as for a 
misdemeanor. 



129 TENTH DIVISION.— ARTICLE 42. §§648-655 

Inspection of fertilizers, flour, grain, cottonseed-meal, wood, timber, and naval stores. 

§648. (§616.) Failure to measure timber. If any inspector or -^p^^^g^^'^'^- 
measurer of timber shall fail, neglect, or refuse to measure timber as ^^^g^g^^^^' 
prescribed by law, he shall be guilty of a misdemeanor. 

§649. (§617.) Violation of timber or lumber law. Any inspector ^p^j*%\^J|'2 
or other person who shall violate any of the provisions of the Civil ^^^f p- ^^• 
Code, so far as the same relates to the inspection and measurement ^Jli83?^i848 
of timber or lumber, shall forfeit his office, and be punished as for a 
misdemeanor. 

§650. (§618.) Inspectors to be disinterested. If an inspector of^p^^J^J^^^- 
naval stores, appointed by the corporate authorities of a city, or an •^^^^^g^^'^^^^- 
ordinary, shall be during his term of office the agent or clerk of a 
buyer of naval stores, or of a factor, brokerage, or commission mer- 
chant engaged in the buying or selling of naval stores, or of a manu- 
facturer engaged in the production of naval stores, he shall forfeit 
his office and in addition thereto shall be punished as for a misde- 
meanor. 

§651. (§619.) Charges for inspection. Any inspector of naval ^^^^^J^^"^* 
stores charging and demanding more than six cents for inspecting a ^^^^g^^^^^^^^- 
barrel of rosin, or more than nine cents for inspecting a barrel of 
spirits of turpentine, shall be guilty of a misdemeanor. 

§652. (§620.) Interfering with inspector's brand. If any person, ^^*J^^^^^' 
other than a sworn and bonded inspector, shall interfere, or cause ^^^j^g^^<^g^^ 
it to be done, with a brand placed by an inspector upon a barrel of 
rosin designating the true grade or quality of the rosin, or upon a 
barrel of spirits of turpentine designating the number of gallons in 
the barrel, he shall be guilty of a misdemeanor ; and where a fine 
is imposed, one half thereof shall go to the informer. 

§653. (§621.) Fraudulent brands. If an inspector shall f raudu- ^^*^^^^^^' 
lently place any other than the true grade or quality upon a barrel ^^^^?j' g^^^^" 
of rosin, or any other than the exact number of gallons upon a bar- §i84i. 
rel of spirits of turpentine, he shall be guilty of a misdemeanor. 

§654. Penalty for not marking turpentine barrel. Any person ^^ts^igos, 
who shall knowingly aid or assist in the manufacture for sale, con- 
signment, or shipment of adulterated spirits of turpentine, or adul- 
terated wood spirits of turpentine, which shall be placed or con- 
tained in a barrel not marked in the manner provided for by law 
to indicate the character of its contents, shall be guilty of a misde- 
meanor. 

§655. Adulterations, penalty for selling, etc. If any person shall ^p^*^^^^^^' 
knowingly ship, consign, sell, or offer for sale as pure spirits of tur- 



§§656-660 TENTH DIVISION.— ARTICLE 43. 130 

Suffrage, campaign expenses, and campaign funds. 



pentine any wood spirits of turpentine or adulterated spirits of 
turpentine, or ship, consign, sell, or offer for sale as wood spirits of 
turpentine any adulterated wood spirits of turpentine, he shall be 
guilty of a misdemeanor. 

Acts^i903, §656. Dealing in unmarked turpentine. Any person who shall 

^§1823^^^^' knowingly purchase or receive or offer for sale or sell any spirits 

of turpentine or wood spirits of turpentine, which has not been 

marked, branded, or stamped in accordance with the requirements 

'of the Civil Code, shall be guilty of a misdemeanor. 



ARTICLE 43. 

Suffrage, Campaign Expenses, and Campaign Funds. 

Acts 1859, §657. (§622.) List of voters, duty of clerk. If the clerk of the 

1895, p. 63. superior court shall violate, or permit another to violate, section 82 

of the Civil Code, he and the person so offending shall be guilty of a 

misdemeanor. 

ApCts^i895, §658. (§623.) Superintendent to deliver list to clerk, etc. If a 

superintendent of elections shall fail to deliver the list of voters 
and accompaniments to the clerk of the superior court, as required 
by law, within three days from the day of election, or if he shall fail 
to discharge any other duty required of him by law, he shall be 
guilty of a misdemeanor. 

^p^ts^i895, §659. (§624.) Clerk failing to return list to grand jury. If a 

clerk of the superior court shall fail to deliver the list of voters to 
the grand jury, as required by law, he shall be guilty of a misde- 
meanor. 

^pp." 121.*' 122. §^^^- (§625.) Violations of registration laws. 

1. Any person who shall sign his name or mark to the oath in the 
voters' book as prescribed by law, and who is not in fact qualified 
as stated in the oath ; or 

2. "Who shall sign his name or his mark in said voters' book more 
than once for the same calendar year; or 

3. "Who shall in like manner sign any assumed or fictitious name 
in said voters' book; or 

4. Who shall aid or abet any other person to sign his name or his 
mark in said voters' book more than once for the same calendar 
year; or 



131 TENTH DIVISION.— AETICLE 43. §§661-665 



Suffrage, campaign expenses, and campaign funds. 



5. Who shall aid or abet any other person to sign any assumed 
or fictitious name in said voters' book; or 

6. Who shall deposit or aid or abet another to deposit a ballot at 
any election in any name other than his own, as appears on the list 
of registered voters prescribed by law; or 

7. Who shall vote without having signed the oath provided by the . 
tax-collector in said voters' book, unless his name shall have been 
entered on the lists of legal voters as provided by law : 

Shall be guilty of a misdemeanor. 

§661. Duty of tax-collector and clerk as to voter's oath. If any ^p.*|8^^^^' 
tax-collector or his clerk shall violate section 47 of the Civil Code, 
on the subject of actually making the voter's oath, he shall be guilty 
of a misdemeanor. 

§662. (§626.) Falsifying the voters' books or lists. Any tax-col- ^p%2^^*' 
lector, clerk, or other person who shall falsify the voters' book pre- 
scribed by law, or lists taken therefrom, and any county registrar 
who shall falsify the lists of registered voters, shall be punished by 
confinement in the penitentiary for not less than one nor more than 
five years, and shall be forever afterwards prohibited from holding 
any office in this State. 

§663. (§627.) Voting more than once, etc. If any person shall^^^^' ^^®- 
vote more than once at any election which may be held in any 
county, or vote out of the county in which he may usually reside, 
for members of the legislature, or for county officers, unless author- 
ized by law, he shall be punished by imprisonment and labor in 
the penitentiary for not less than one year nor more than two years. 

§664. (§628.) Illegal voting by a minor. If any person under thelcts'ises-e, 
age of twenty-one years, and above the age of fourteen, shall vote ^* 
illegally at any election, he shall be guilty of a misdemeanor. 

§665. (§629.) Buying or selling votes, and voting illegally. If 
any person shall — 

1. Buy or sell, or offer to buy or sell, a vote, or shall be in any 
way concerned in buying or selling, or contribute money or any 
other thing of value for the purpose of buying a vote at any election 
in this State, or in any county thereof ; or 

2. If any person shall vote at any such election who has not 
resided in this State one year next preceding such election ; or 

3. Who has not resided six months next preceding said election 
in the county in which he has voted ; or 

4. Who has not paid all taxes which, since the adoption of the ^^^g' ^l^l^g 
present Constitution of this State, have been required of him pre-^lgQ^^*^- ^^ 



§§666-670 TENTH DIVISION.— ARTICLE 43. 132 



Suffrage, campaign expenses, and campaign funds. 



81077 ^' ^^' viously to the year in which said election occurs, and which he has 
had an opportunity of paying agreeably to law ; or 

5. Who has been convicted in any court of competent jurisdiction 
of treason against the State, of embezzlement of public funds, mal- 
practice in office, bribery, or larceny, or any crime involving moral 
turpitude, punishable by the laws of this State with imprisonment 
in the penitentiary, unless he shall have been pardoned : 

He shall be guilty of a misdemeanor. 

On the trial of any person for offending against this section, any 
other person who may have participated in any violation of the pro- 
visions of the same shall be a competent witness and be compelled 
to give evidence ; and nothing then said by such witness shall, at 
any time, be received or given in evidence against him in any prose- 
cution, except on an indictment for perjury in any matter to which 
he may have testified. All the provisions of this section shall be 
applicable, so far as the same may be, to all primary elections held 
in this State. The hiring of workers qualified to vote in said elec- 
tion or primary before or on the day of election, for the purpose of 
canvassing for or influencing votes in behalf of any candidate, or 
the being hired for said purpose, is a misdemeanor. 



§675. 



^p*i4o^^"^' ^QQQ- (§630.) Municipal elections. Any person who shall vote 
illegally at any municipal election shall be punished as for a mis- 
demeanor. 

^^^Iif^^^' 5^^^- (§^32.) Manager of primary election violating duty. Any 
manager of a primary election, who shall be guilty of willfully vio- 
lating any of the duties and obligations devolving upon him as such 
manager, shall be punished as for a misdemeanor. 

Acts 1900, 

1908^" 55 §668. Managers, and clerks of superior courts. Any manager of a 

primary election, or clerk of the superior court, who shall violate 
the provisions of sections 130, 131, 132, 133, 134, 135, 137, and 138 
of the Civil Code, relating to primary elections, shall be guilty of a 
misdemeanor. 

Acts 1890 1, §669. (§633.) Fraud or corruption in manager. Any manager of 
a primary election, who shall be guilty of fraud or corruption in the 
management of an election, shall be punished as for a misdemeanor. 

Acts 1890-1, 

p. 211. §670. (§634.) False oath, etc., by voter. Any voter at a primary 

election, who shall, if challenged, swear falsely in taking the pre- 
scribed oath, or shall personate another and take the oath in his 
name in order to vote, shall be guilty of perjury, and shall be pun- 
ished as for perjury. 



133 TENTH DIVISION.— ARTICLE 43. §§671-676 



Suffrage, campaign expenses, and campaign funds. 



§671. Publication of campaign expenses. Whoever shall violate ^^^^g^^^^' 
any of the provisions of section 92 of the Civil Code, on the subject 
of publishing campaign expenses, shall be guilty of a misdemeanor. 

§672. Corporation contributions to campaign funds. Any corpora- ^^ts i908, 
tion, or officers thereof, or any person who shall violate the provi- 
sions of section 2237 of the Civil Code, on the subject of corporation 
contributions to campaign funds, shall be deemed guilty of a crime, 
and, on conviction, shall be punished by a fine in the sum of ten 
times the amount of the contribution made, but in no event shall said 
fine be less than one thousand dollars ; and in addition the officer or 
officers making or authorizing said contribution, or in anywise con- 
nected therewith, shall be punished by imprisonment in the peniten- 
tiary for not less than one year nor more than four years, unless 
the jury trying the case shall recommend him to the mercy of the 
court, in which event he shall pay the aforesaid fine prescribed, or 
in default be subjected to the alternative punishments prescribed in 
section 1065 of this Code. 

§673. (§635.) Illegal voting. If any person voting at a primary Acts i89o-i, 

p. 211. 

election shall vote more than once or at more than one polling-place, i«95, p. 63. 
he shall be guilty of a misdemeanor. 

§674. (§636.) Contested elections, clerk to deliver ballots. If aActs issoi, 
clerk of the superior court, who by law is entrusted with the ballots 1895, p. 63. 
of an election, shall fail or refuse to deliver up such ballots when §137. 
they are required as evidence in a contested-election case and are 
legally demanded of him, he shall be guilty of a misdemeanor. 

§675. Buying or selling votes at a primary. Any person who shall Acts 1904, 

p. 97. 
either buy or sell, or offer to buy or sell, or be m any way concerned 1905, p. 111. 

in buying or selling, or contribute money for the purpose of buying penai coae, 
a vote in any primary election in this State, whether the election 
shall be for nominees for State, county, municipal, or Federal offi- 
cers, shall be guilty of a misdemeanor. 

« 

§676. Party participating a competent witness. In ease of a prose- Acts 1904, 
cution under the preceding section, any person participating in a §404. * 
violation of the provisions of the same shall be both competent and 
compellable to testify, except where he himself is on trial, as is 
provided in prosecutions for violation of gaming laws. 



§§677-680 



TENTH DIVISION.— ARTICLES 44, 45, 46. 



134 



Marrying, and issuing license to marry, illegally. White and colored convicts, etc. Rogues, etc. 



Cobb, 818, 
819. 



Acts 1865-6, 
p. 241. 



ARTICLE 44. 

Marrying, and Issuing License to Marry, Illegally. 

§677. (§637.) Performing marriage ceremony illegally. If any 
minister of the gospel, judge, or justice shall join together in matri- 
mony any man and woman, without a license or publication of 
banns, as provided by law, or where either of the parties within his 
own knowledge shall be an idiot or lunatic or subject to any other 
disability which would render such contract or marriage improper 
and illegal, he shall be guilty of a misdemeanor. 

§678. (§638.) Intermarriage of whites and colored people. If any 
officer shall knowingly issue a marriage license to parties, either of 
whom is of African descent and the other a white person, or if any 
officer or minister of the gospel shall marry such persons together, 
he shall be guilty of a misdemeanor. 



Acts 1890-1, 
p. 213. 
§§1201, 1203. 



ARTICLE 45. 

White and Colored Convicts not to be Confined or Chained Together. 

§679. (§639.) Chaining or confining white and colored convicts to- 
gether. No person controlling convicts shall confine white arirl 
colored convicts together, or work them chained together, or chain 
them together going to or from their work, or at any other time. 
Any person and each member of a firm violating the provisions of 
this section shall be guilty of a misdemeanor. 



Cobb, 817. 
Acts 1895, 
p. 63. 



ARTICLE 46. 
Rogues and Vagabonds, and Nuisances. 

§680. (§640.) Having possession of false keys, picklocks, etc. If 

any person shall be apprehended, having upon him any instrument 
with intent to break and enter into any dwelling-house, warehouse, 
store, shop, coach-house, stable, or outhouse, in order to steal or 
commit any other crime ; or, shall have upon him any offensive 
weapon, with intent to commit crime upon any person, which, if 
committed, would be punishable by death or confinement in the 
penitentiary ; or, shall be found in or upon any dwelling-house, ware- 
house, store, shop, coach-house, stable, or outhouse, with intent to 



135 TENTH DIVISION.— ARTICLES 47, 48. §§681-684 

Failure to give bastardy bond, or bond to support pauper. Boats and crews, discharging ballast, etc. 



steal any goods or chattels, he shall be deemed a rogue and a vaga- 
bond, and shall be punished by confinement and labor in the peni- 
tentiary for not less than one year nor longer than five years. 

§681. (§641.) What nuisances are indictable. Any person whog^^^-^^^^J^ 
shall erect, or continue after notice to abate, a nuisance which tends §^^^^- 
to annoy the community, or injure the health of the citizens in 
general, or to corrupt the public morals, shall be guilty of a mis- 
demeanor. 



ARTICLE 47. 
Failure to Give Bastardy Bond, or Bond to Support Pauper. 

§682. Putative father refusing to give security. If a putative cobb, sis. 
father of a bastard child shall refuse or fail to give security for the p- 233. 

° "^ 1892, p. 102. 

maintenance and education of such child, and also the expense of 1903, p. 57.- 

. . . §1250. 

lying-in with such child, boarding, nursing, and maintenance while 
the mother is confined by reason thereof, when required to do so in 
terms of the law, he shall be guilty of a misdemeanor. If fined, the 
fine shall be paid over to the ordinary of the county, to be by him 
improved and applied from time to time, as occasion may require, 
for the maintenance of such child, and for the payment of the ex- 
pense of lying-in with such child, boarding, nursing, and mainte- 
nance while the mother is confined by reason thereof, and shall not 
be retained by the officers of court for the purpose of paying in- 
solvent costs due them, or for any other purpose. 

§683. (§643.) Failure to give bond to support a pauper. If any ^p^^^^^^V 
person fails to give the bond prescribed in section 560 of the Civil 
Code, he must be committed to jail until it is done, or until the 
next term of the superior court of the county, when, if not done, or 
he does not take care of said pauper and pay all costs, he is guilty of 
a misdemeanor. 



ARTICLE 48. 

Boats and Crews, Discharging Ballast in Harbor, Pilots and Seamen. 

§684. (§644.) Owners of boats must grant bills of lading. If an^'^cts'ists, 
owner or agent of a boat employed in the navigation of the navi- p- ^^• 
gable waters of this State shall fail to grant to such boat, previously 
to its departure from the wharf or landing, a certificate or bill of 
lading, showing its destination, contents, and the name of its cap- 
tain or patroon, and consignee, he shall be guilty of a misdemeanor. 



§§685-689 



TENTH DIVISION.— ARTICLE 48. 



136 



Boats and crews, discharging ballast in harbor, pilots and seamen. 



Cobb, 14. 
Acts 1895, 
p. 63. 



Acts 1895, 
p. 63. 



Acts 1886, 
p. 39. 
1895, p. 63. 



Acts 1886, 
p. 39. 



§685. (§645.) Penalty for not exhibiting bill of lading. The cer- 
tificate or bill of lading mentioned in the preceding section shall, 
at all times, be subject to the examination of any person requiring 
it ; and if the captain or patroon shall refuse to exhibit it on demand, 
he shall be guilty of a misdemeanor. 

§686. (§646.) Discharging ballast in harbor. If any master of a 
vessel, or water-craft of any description, shall throw or permit to be 
thrown from on board such vessel or water-craft, into any of the 
waters of any bay or harbor of this State, or within three miles of 
the outside bar of any such bay or harbor, any ballast, he shall be 
guilty of a misdemeanor. 

§687. (§647.) Acting as pilot without a license. If any person, 
having no authority or license to act as pilot, or who, having had 
any authority, has had it suspended or revoked by the commission- 
ers, shall, while his license is suspended, pilot or conduct any vessel 
inwards to, or outwards from, any of the ports, rivers, or harbors of 
this State, or if any person interferes with or disturbs a licensed 
pilot in the way of his duty, he may be punished as for a misde- 
meanor. 

§688. (§648.) Exception. Any person may assist a vessel in dis- 
tress without any pilot on board, if such person shall deliver up the 
vessel to the first pilot who comes on board and offers to conduct it, 
but the vessel must fly the signal for a pilot until one has been 
received or his services tendered. 

§689. (§649.) Seamen failing to perform duty. Any seaman hav- 
ing entered or shipped himself on board a vessel within this State, or 
which shall come to the same, and having signed a contract with 
the master or commander thereof to proceed upon any voyage 
therein mentioned, who shall absent himself from such vessel for 
twenty-four hours without leave of the master or commander, or 
other chief officer having command of the vessel, or who shall neg- 
lect or refuse to perform his duty on board the same, or refuse to 
proceed on the voyage mentioned in such contract, may be appre- 
hended on warrant from any justice within his jurisdiction upon ap- 
plication being made to him by such master or commander under 
oath, and upon proof of such absence without leave, or of such neg- 
lect or refusal, as aforesaid, he may be committed to jail, or other 
secure place, for any time not exceeding thirty days, or until the 
sailing of such vessel, and the charge of apprehending, committing, 
and maintaining such seaman during his confinement as aforesaid 
shall be paid by the complainant, and by him be deducted out of 



137 TENTH DIVISION.— ARTICLE 48. §§690-695 



Boats and crews, discharging ballast in harbor, pilots and seamen. 



the wages due or to be due such seaman, but no seaman shall be re- 
ceived by the jailer until security shall have been given for the 
maintenance and jail fees of such seaman. 

§690. (§650.) Resisting" search for seaman and seizure. Any per>p%^^^^' 
son who shall resist the execution of a lawful warrant authorizing a 
search for, and seizure of, an articled seaman, shall be guilty of a 
misdemeanor. 

§691. (§652.) Seaman may demand certificate of discharge. If^S'isi's, 
the master or commander of a vessel shall refuse, without just cause, p- ^^• 
to give, on demand, to a seaman whose contract for the performance 
of a voyage shall be determined, a certificate thereof and of his 
discharge, such master or commander shall be guilty of a misde- 
meanor. 

§692. (§653.) Hiring, receiving, entertaining, or shipping seamen. ^^^'J^-^l^g- 
If any master or commander of a vessel, or other person, within this p- ^^• 
State shall hire, receive, entertain, or ship any seaman belonging to 
and pretending to be discharged from any vessel, or if any person 
keeping or attending any ferry shall willingly transport or suffer to 
be transported over such ferry any fugitive seaman, without a cer- 
tificate of discharge being in possession of such seaman, such offen- 
der shall be punished as for a misdemeanor. 

§693. (§654.) Hiring, receiving, or shipping a seaman. If any'^J.^es^^^^' 
sailor boarding-house keeper, a runner, or shipping-master, or other 
person shall hire, receive, or entertain, or ship any seaman belonging 
to, or pretending to be discharged from, any vessel, ''-ithout a cer- 
tificate of discharge being in possession of said seaman, or shall aid 
or be concerned in any manner in the shipping or offering to ship 
such seaman, the person thus offending shall be punished as for a 
misdemeanor. Any order given by such seaman for advance wages 
shall be void. 

§694. (§655.) Aiding or inducing seaman or apprentice to desert. ^cts'iSs 
If any person shall aid an articled seaman or apprentice to desert p- ^^• 
from or leave his vessel while in the waters of this State, or shall 
inveigle, entice, convey away, abduct, or carry, with or without 
violence, or secretly carry off an articled seaman or apprentice from 
any such vessel, or shall board such vessel with intent to do so, he 
shall be punished as for a misdemeanor. 

§695. (§656.) Harboring seamen or apprentices. If any person^"!^^' ^gg 
shall harbor, secrete, entertain, lodge, or keep an articled seaman or p- ^^• 
apprentice, or shall directly or indirectly suffer the same to be 



;§696-699 



TENTH DIVISION.— ARTICLES 49, 50. 



138 



Text-books in schools. Native gold. 



done in or about his house or premises, knowing such seaman or 
apprentice to have deserted from his vessel, he shall be punished as 
for a misdemeanor. 



Acts 1003, 
p. 53. 



Acts 1903. 
p. 53. 



Acts 1903, 

p. 53. 
Civil Code, 

81454. 



ARTICLE 49. 

Text-books in Schools. 

§696. Illegal use of books in schools. Any person or teacher who 
shall violate section 1460 of the Civil Code, on the subject of the 
use of books in the public common schools, shall be guilty of a 
misdemeanor, and on conviction shall be punished by a fine of not 
less than ten dollars nor more than twenty-five dollars. 

§697. Text-books other than adopted ones. Any teacher who shall 
use or permit to be used in his or her school any text-book upon 
the branches embraced in section 1439 of the Civil Code, where the 
commission has adopted a book upon that branch, other than the one 
so adopted (except it be supplementary readers as provided in the 
Civil Code §1460), shall be guilty of a misdemeanor and shall be 
punished as in the preceding section. 

§698. Demanding more than contract price for adopted books. 

If any local agent, dealer, clerk, or other person handling or selling 
the bcoks adopted by the school-book commission shall demand or 
receive, for any copy of any of the books provided for, more than the 
contract price in cases where the purchase is for cash, he shall be 
guilty of a misdemeanor, and upon conviction shall for each offense 
be punished by fine of not less than fifty nor more than two hundred 
dollars. 



Acts 1899, 
p. 66. 



ARTICLE 50. 

Native Gold. 

§699. Purchasers of native gold. If a purchaser of native gold, 
gold bullion, gold dust, gold nuggets, or gold amalgam shall fail to 
comply with the provisions of section 1981 of the Civil Code, relat- 
ing to such purchases, he shall be guilty of a misdemeanor. 



139 TENTH DIVISION.— ARTICLES 51, 52, 53. §§700-702 

Interest illegally taken. Bonded public warehousemen. Certified public accountants. 



ARTICLE 51. 

Interest Illegally Taken. 

§700. Interest at greater rate than 5 per cent, per month punished. Acts i908, 
"Whoever shall violate section 3444 of the Civil Code, relating to 
interest at a greater rate than 5 per cent, per month, shall be guilty 
of a misdemeanor. 



ARTICLE 52. 

Bonded Public Warehousemen. 

§701. Unlawful disposition of deposited goods. Whoever unlaw- Acts 1899, 
fully sells, pledges, lends, or in any other way disposes of, or per-civii bode, 
mits, or is a party to the unlawful selling, pledging, lending, or 
other disposition of any goods, wares, merchandise, or thing de- 
posited in a bonded public warehouse, without the authority of the 
party who deposited the same, or of the lawful transferee or en- 
dorsee of the receipt given therefor, shall be punished by a fine not 
to exceed $2,000, and by imprisonment in the State penitentiary for 
not more than three years. But no bonded public warehouseman 
shall be liable to the penalties provided in this section, unless with 
intent to injure or defraud any person to whom he so sells, pledges, 
lends, or in any other way disposes of same, or is a party to the 
unlawful selling, pledging, lending, or other unlawful disposition 
of any goods, wares, merchandise, article, or thing so deposited and 
receipted for by him. 



ARTICLE 53. 

Certified Public Accountants. 

§702. Violation of Civil Code as to Certificate. If any person Acts 1908, 
shall hold himself out as having received the certificate provided '* 
for in section 1995 of the Civil Code, on the subject of certified public 
accountants, or shall assume to practice thereunder as a certified 
public accountant, or use the initials C. P. A., without having re- 
ceived such certificate, or after the same shall have been revoked, 
he shall be guilty of a misdemeanor, and shall be sentenced to pay 
a fine not exceeding five hundred dollars, nor less than two hundred 
dollars. 



§§703-707 



ELEVENTH DIVISION.— ARTICLE 1. 



140 



Cheats and swindlers. Deceitful means or artful practices. 



ELEVENTH DIVISION. 



Offenses Committed by Cheats and Swindlers. 



Cobb, 820- 

821. 
Acts 1894, 

p. 52. 



Cobb, 821. 
Acts 1865-6, 
p. 233. 



ARTICLE 1. 

Deceitful Means or Artful Practices. 

§703. (§658.) Fraudulently obtaining credit. If any person, by 
false representation of his own respectability, wealth, or mercantile 
correspondence and connections, shall obtain a credit, and thereby 
defraud any person of any money or other valuable thing, or shall 
cause or procure others to report falsely of his honesty, respecta- 
bility, wealth, or mercantile character, and, by thus imposing on 
the credulity of any person, shall obtain a credit, and thereby 
fraudulently get into possession of goods or other valuable thing, 
he shall be deemed a cheat and swindler, and shall be punished as 
for a misdemeanor, and he shall be compelled by the sentence of 
the court to restore to the party injured the property so fraudu- 
lently obtained, if it can be done. 

§704. (§659.) Cheating at play. If any person shall, by any fraud 
or ill practice, in playing at any game, or in or by bearing a share 
or part in the stakes, or in or by betting on the sides or hands of 
such as do or shall play, obtain or acquire to him, or to any other, 
any money or other valuable thing, he shall be deemed a cheat, and 
shall be punished as for a misdemeanor. 

§705. (§660.) Bakers and others selling under assize. Any baker 
or other person selling bread under the assize established by the cor- 
poration of any city, town, or village, or the rules laid down by law, 
. shall be deemed a cheat, and shall be punished as for a misdemeanor. 

Acts' 1865-6, §'''06. (§661.) Selling by false weights and measures. If any per- 
issS^" p 263 ^^^ shall knowingly buy or sell by false weights or measures, he 

shall be deemed a common cheat, and shall be punished as for a 

misdemeanor. 

§707. (§662.) Forestalling, regrating, and engrossing. Any per- 
son who shall commit the offenses known to the common law as fore- 
stalling, regrating, or engrossing may be prosecuted and punished 
as for a misdemeanor. 



Cobb, 821. 
Acts 1865-6, 
p. 233. 



Acts 1863-4, 
p. 46. 



141 ELEVENTH DIVISION.— ARTICLE 1. §§708-712 

Deceitful means or artful practices. 

§708. (§663.) Counterfeiting brands or marks, etc. If any person^«^^'^|2i.g 
shall fraudulently counterfeit, or be concerned in fraudulently, p- ^33. 
counterfeiting, any brand or mark directed by law, or shall fraudu- 
lently cause or procure the same to be done, or shall use, export, 
sell, exchange, barter, or expose to sale anything upon which a 
brand or mark is directed by law to be made, with such counterfeit 
brand or mark, knowing the same to be false and counterfeit, he 
shall be deemed a cheat, and be punished as for a misdemeanor. 

§709. (§664.) Putting dirt or rubbish into cotton, rice, etc. Any 2.^^- /g22. 
person who shall put or cause to be put into any bale of cotton, ves- p- ^^• 
sel of sugar, rice, pork, beef, or other provisions, wool, or other 
article, prepared for market, any dirt, rubbish, or other thing, for 
the purpose of adding to and increasing the weight or bulk of said 
cotton, sugar, rice, beef, pork, or other provisions or things, shall 
be deemed a common cheat, and shall be punished by a fine equal 
to the value of the thing thus fraudulently packed or put up, and 
imprisonment and labor in the penitentiary for not less than one 
year nor more than five years. The bare possession or ownership of 
such commodities, so fraudulently packed or put up, shall not of 
itself authorize a conviction, where sufficient evidence of knowledge 
or privity on the part of the owner, or the person in possession, may 
not be produced on the trial. 

§710. (§665.) Falsely personating another. If any person shall ^''^.^s'llgl 
falsely personate another, and thereby fraudulently obtain any p- ^^• 
money, or other thing of value, or with the intention of thereby 
fraudulently obtaining any money, or other valuable thing, he shall 
be deemed a cheat and swindler, and shall be punished by imprison- 
ment and labor in the penitentiary for not less than one year nor 
longer than five years. 

§711. (§666.) Personating another as witness or otherwise, etc.^*^^^- ^'^'^■ 
If any person shall falsely represent or personate another, and in 
such assumed character answer as a witness to interrogatories, or 
do any other act in the course of any suit, proceeding, or prosecu- 
tion, or in any other way, or matter, or thing, whereby the person 
so personated or represented, or any other, might suffer damage, 
loss, or injury, he shall be punished by confinement and labor in 
the penitentiary for not less than one year nor more than five years. 

§712. (§667.) Lying to obtain indorsers or other security. If any^^^^'-^ggg-.g 
person, by false representation of his solvency, shall induce another p- ^^^• 
to become his bail, indorser, or security upon any instrument for 
the payment of money, or performance of any personal duty, know- 
ing at the time that he is insolvent, and such bail, indorser, or secu- 



§§713-718 



ELEVENTH DIVISION.— ARTICLE 1. 



142 



Deceitful means or artful practices. 



rity shall suffer loss or damage in consequence of such undertaking 
and liability on his part, he shall be guilty of a misdemeanor. 

'^p^W''^^' §713. (§668.) False information as to liens. A person who has 

is7s' p' 4?" given a lien under section 3348 of the Civil Code, or any other lien, 
1895 "^1 ^^5^^" s^^^lj when giving a new lien under said section on the same prop- 
erty to another person, inform such person, if interrogated as to the 
facts, of the amount of such prior lien and to whom given. If he 
gives false information as to said facts, he shall be punished as for 
a misdemeanor. 

^^^*59^^^^' §'^14. (§669.) Deceiving as to existence of lien. Any person who 

1865-6, p. 235. shall, iu tlic salc or disposing of any property, either real or per- 
sonal, defraud another by falsely representing that such property is 
not subject to any lien, knowing the same to be subject thereto, or 
who shall fraudulently make a second deed of conveyance to any 
land or real estate to another, shall be punished as for a misde- 
meanor. 



Acts 1903, 
p. 90. 



Acts 1897, 
p. 116. 



Acts 1903, 

p. 92. 



§715. Procuring money on contract for services fraudulently. If 

any person shall contract with another to perform for him services 
of any kind, with intent to procure money or other thing of value 
thereby, and not to perform the service contracted for, to the loss 
and damage of the hirer, or, after having so contracted, shall procure 
from the hirer money, or other thing of value, with intent not to 
perform such service, to the loss and damage of the hirer, he shall 
be deemed a common cheat and swindler, and upon conviction shall 
be punished as for a misdemeanor. 

§716, Proof of intent to defraud. Satisfactory proof of the con- 
tract, the procuring thereon of money or other thing of value, the 
failure to perform the services so contracted for, or failure to- return 
the money so advanced with interest thereon at the time said labor 
was to be performed, without good and sufficient cause, and loss or 
damage to the hirer, shall be deemed presumptive evidence of the 
intent referred to in the preceding section. 

§717. Tramps. If any person shall ride or attempt to ride on a 
railroad train of any character, who conceals himself from the con- 
ductor or train authorities, by hiding under the train, or upon the 
top of the train, or in box-cars, on tenders, or elsewhere, for the 
purpose of avoiding the payment of fare or of stealing a ride thereon, 
he shall be guilty of a misdemeanor. 

§718. Sale of goods in bulk. Any vendor of a stock of goods, 
wares, or merchandise in bulk, who shall knowingly or willfully 



143 ELEVENTH DIVISION.— ARTICLES 2, 3, 4. §§719-722 

Wrongful sale of mortgaged property. Sale of property under lien. Selling or encumbering, etc. 

make or deliver, or cause to be made or delivered, any false state- 
ment or any statement of which any material portion is false, or 
shall fail to include the names of all his creditors in any such state- 
ment as is required in section 3226 of the Civil Code, shall be guilty 
of a misdemeanor. 

§719. (§670.) Other offenses of like kind. Any person using any J^^^-^glg 
deceitful means or artful practice, other than those which are men-^p^l^^- ^g 
tioned in this Code, by which an individual, or a firm, or a corpora- 
tion, or the public is defrauded and cheated, shall be punished as for 
a misdemeanor. 



ARTICLE 2. 
Wrongful Sale of Mortgaged Property. 

§720. (§671.) Wrongful sale of mortgaged property. If any ^p^t^^i^ri-^, 
person, after having made a mortgage-deed to personal property, J^^^- p- ^^• 
shall sell or otherwise dispose of said property before the payment of ^^^^' p- ^•^• 
the mortgage debt, without the consent of, and with intent to de- 
fraud, the mortgagee, and loss shall thereby be sustained by the 
holder of the mortgage, the offender shall be punished as for a mis- 
demeanor. 



ARTICLE 3. 

Sale, of Property under Lien. 

§721. (§672.) Sale of property under lien. The provisions of^''*|g^^'^^' 
section 720 of this Code shall be extended to and include liens for^^"^^' p- ^'^^^ 
rent and advances made upon crops, by landlords, employers, or 
others, as authorized by law. A violation of the provisions of this 
section shall be a misdemeanor. 



ARTICLE 4. 

Selling or Encumbering Personal Property Held under Conditional 

Purchase. 

§722. (§673.) Selling or encumbering personal property held un-^^^^^J^^^^ 
der conditional purchase. "When a person holds personal propertyJ^^J g-^^^^^- 
under a conditional purchase and sale, and by the terms of the pur- §^^i^- 
chase the title is retained by the vendor until the purchase-price is 



§§723-726 ELEVENTH DIVISION.— ARTICLE 5. 144 



Fraudulent entries and practices in speed contests. 



paid, he shall not, without the consent or approval of the vendor, 
sell or encumber the property with intent to defraud the vendor 
or defeat his rights, or when such selling or encumbering the prop- 
erty tends to the injury of the vendor. A violation of this section 
shall be a misdemeanor. 

'^p.*ii2^^^"^' §'^23. (§674.) Settlement of cases. The presiding judge may per- 
§9si. ^^^^ |]^g parties at interest to settle the prosecution, prior to con- 

viction, upon payment of the amount due the vendor and the costs 
of the prosecution. 



ARTICLE 5. 

Fraudulent Entries and Practices in Speed Contests. 

^^^I^f^o-^' §^24. (§675.) Entering animals under false names, etc. If any 
person shall knowingly and corruptly enter, or cause to be entered, 
for competition, or to compete for any prize, purse, premium, stake, 
or sweepstakes, offered by an agricultural society or driving club, 
or other society organized under the laws of this State, where the 
same is to be decided by a contest of speed, any horse, mare, gelding, 
colt, or filly, under an assumed or false name, or out of its proper 
class or division, with intent to cheat or deceive such society or 
organization or association, he shall be guilty of a misdemeanor. 

^p'^.*224^^^^' §725. (§676.) Rules for determining class or division in which 
entry is made. The class or division in which an entry is made, 
within the meaning of this Article, shall be determined by the rules 
of the society, organization, or association under whose auspices 
the contest is to be conducted, and the published terms and condi- 
tions under which the prize, purse, premium, stake, or sweepstake is 
offered, opened, or announced. 

1,%^^^^' §^2^- (§^''"^) True name of animal within meaning of this Article. 

The true name of any such animal shall be the name by which it is 
ivnown, according to the rules of such society, organization, or asso- 
ciation ; and the name by which any such animal has once competed 
for any prize, purse, premium, stake, or sweepstakes shall be re- 
garded as its true name, unless the name is changed as provided by 
said rules. 



145 ELEVENTH DIVISION.— AETICLES 6, 7, 8. §§727-729 

Fraud by a limited partner. Illegally measuring timber. Landlords and croppers. 



ARTICLE 6. 
Fraud by a Limited Partner. 

§727. (§678.) Partners guilty of fraud, etc. Every partner who^'J.^^'j^lfg 



63. 



shall be guilty of any fraud in the affairs or business of a limited pP\^ 
partnership shall be liable, civilly, to the party injured, to the extent §-^^^*- 
of his damage, and shall also be punishable as for a misdemeanor. 



Code, 



ARTICLE 7. 
Illegally Measuring Timber. 

§728. (§679.) Illegally measuring timber. If any measurer andcobb, 23. 

p., . , -, ,, f»i'f>( Acts 1865-6, 

inspector 01 timber, appointed under the laws 01 this btate, or any p. 233. 
person not being an official measurer and inspector, shall measure 
any timber otherwise than as required by law, he shall be guilty of 
a misdemeanor. This provision shall not apply when the measure- 
ment is not for the purpose of being used in the sale of the timber, 
or to any case where the parties buying and selling contract to have 
the timber measured other than according to the laws of this State. 



ARTICLE 8. 
Landlords and Croppers. 
§729. (§680.) Illegal sale by cropper; refusal to deliver by land- Acts 1889, 

p. llo. 

lord. Any cropper who shall sell or otherwise dispose of any part of 1892, p. 115. 
the crop grown by him, without the consent of the landlord, and §3706. 
before the landlord has received his part of the entire crop and 
payment in full for all advances made to the cropper in the year 
the crop was raised, to aid in making it, shall be guilty of a misde- 
meanor. And any landlord who shall fail or refuse, on demand, to 
deliver to the cropper the part of the crop, or its value, coming to the 
cropper, after payment for all advances made to him as aforesaid, 
shall likewise be guilty of a misdemeanor. 



§§730-733 



ELEVENTH DIVISION.— ARTICLE 9. 



146 



Overcharges by railroad officials, and false billing, etc., by carriers. 



Acts 1865-e, 
p. 237. 



Acts 1889, 
p. 134. 



Acts 1889, 
p. 134. 



Acts 1889, 
p. 134. 



ARTICLE 9. 

Overcharges by Eailroad Officials, and False Billing, Etc., by- 
Carriers. 

§730. (§681.) Railroad officials overcharging. Any officer, agent, 
or other employee of a railroad company, who shall charge, for 
transporting freight or passengers over said railroad, above the 
rates allowed by their several charters, or established by the super- 
intendent or other officer or officers of said railroad, on conviction 
before the superior court shall be punished as for a misdemeanor. 

§731. (§682.) False bills or classifications by carriers. Any com- 
mon carrier of freights within the limits of this State, or, whenever 
such common carrier is a corporation, any officer or agent thereof, 
or any person acting for or employed by such corporation, who, by 
means of false billing, false classification, false weighing, or false 
report of weight, or by any other device or means, shall knowingly 
and willfully assist, or shall willingly suffer or permit, any person to 
obtain transportation for property from and to points within the 
limits of this State, at less than the regular rates then established 
and in force on the line of transportation of such common carrier, 
shall be guilty of a misdemeanor. 

§732. (§683.) False billing, etc., by consignor or consignee. Any 
person, and any officer or agent of any corporation or company, who 
shall deliver property for transportation from and to points within 
the limits of this State to any common carrier of freights within this 
State, or for whom, as consignor or consignee, any such carrier shall 
transport property, who shall knowingly and willfully, by false 
billing, false classification, false weighing, false representation of 
the contents of the package, or false report of weight, or by any 
other device or means, whether with or without the consent or con- 
nivance of the carrier or its agent, obtain transportation for such 
property at less than the regular rates then established and in force 
on the line of transportation, shall be guilty of a misdemeanor. 

§733. (§684.) Inducing or aiding in unjust discrimination. If any 

such person, or any officer or agent of any such corporation or com- 
pany, shall, by payment of money or other thing of value, solicita- 
tion, or otherwise induce any common carrier of freight within this 
State, or any of its officers or agents, to discriFiinate unjustly in his 
or its favor, as against any other consignor or consignee, in the 
transportation of property from and to points in this State, or shall 



147 ELEVENTH DIVISION.— AETICLE 10. §§734-737 

Wrecking a railroad company. 

aid or abet any common carrier in any such unjust discrimination, he 
shall be guilty of a misdemeanor. 



ARTICLE 10. 

Wrecking a Railroad Company. 

§734. (§685.) Wrecking a railroad company. Any person who islets 1892, 
a director or other officer or agent of a railroad company owning aisoo, p. 63. 
railroad situated in whole or in part in this State, who shall either 
alone or in conjunction with any other person, whether such person 
is or is not an officer, stockholder, or agent in a railroad company, 
do any act with the intent and purpose to wreck said company, by 
which said act, either alone or in conjunction with other acts, the 
company is wreclied, sliall be punished by confinement in the peni- 
tentiary for not less than three nor more than twenty years. 

§735. (§686.) Attempting to wreck a railroad company. Any ^<^*s ^1^92, 
person who is a director or other officer or agent of a railroad com-i^oo, p. 63. 
pany, situated as aforesaid, who shall do any act with the intent 
and purpose to wreck said company, although by the act the com- 
pany is not thus wrecked, shall be guilty of an attempt to wreck said 
company, and shall be punished by confinement in the penitentiary 
for not less tlian one year nor more than ten years. 

§736. (§687.) Conspiring to wreck a railroad company. Any per-^^ts 1892, 
son, not a director or other officer or agent of a railroad company, 
situated as aforesaid, who shall conspire with any director or other 
officer or agent of said company to do any act with the intent and 
purpose to wreck the company, or who shall induce or agree with 
any person who is a director or other officer or agent of said com- 
pany to do any act with the intent and purpose to wreck it, by which 
said act the company is wrecked, shall be guilty of the offense of 
railroad wrecking, and shall be punished as provided in section 734. 

§737. (§688.) Conspiring to wreck a railroad company but failing. Acts^i892, 
Any person not a director, agent, or other officer of a railroad com- 
pany, situated as aforesaid, who shall conspire with a director, agent, 
or other officer of said company to do any act with the intent and 
purpose to wreck said company, or who shall induce or agree with 
any person who is a director, agent, or other officer of said company 
to do any act Avith the intent and purpose to wreck said company, 
although by which said act the company is not thus wrecked, shall 



§§738-741 ELEVENTH DIVISION.— ARTICLES 11, 12. 148 

Declaring unearned dividends. Competition in procuring public worts. 

be guilty of an attempt to wreck said company, and shall be punished 
as provided in section 735. 

Acts^892, §738. (§689.) Wrecking defined. In contemplation of this Article 

the crime of railroad wrecking shall be complete, when in conse- 
quence of any act with the intent and purpose as aforesaid, either 
taken singly or in conjunction with other acts, said railroad com- 
pany has been rendered insolvent, or has been seized under any 
judicial procedure in consequence of insolvency, either by the ap- 
pointment of a permanent receiver to take possession of the same, or 
under final process for the sale of the same. 

iT.^m^^^' §'''^^- (§690.) Evidence of intent to wreck. Any act done by any 

parties subject to the provisions of this Article, with the intent and 
purpose to depreciate the value of the stock of said railroad com- 
pany, shall be taken as prima facie evidence of an intent to wreck 
said company : Provided, that nothing herein contained shall ex- 
clude from the consideration of the court and jury any other fact 
which under the rule of law shall be proper evidence of the existence 
of such intent on the trial of any person indicted and tried under 
the provisions of this Article. 



ARTICLE 11. 

Declaring Unearned Dividends. 

Acts 1887, §740. (§691.) Improper dividends. No joint-stock company, cor- 

1902^,%. 58. poration, or other association shall declare any dividend, or dis- 
tribute any money among its members as profits, when such divi- 
dend, or money, is not declared or distributed from the actual legiti- 
mate net earnings of its investments, and does in any manner in- 
crease its debts. Any president, director, or other officer or agent 
of any joint-stock company, corporation, or other association, vio- 
lating the provisions of this section, shall be guilty of a misdemeanor. 



ARTICLE 12. 

Competition in Procuring Public Work. 

Acts 1896, §741. Public work, competition for. Whoever shall violate, or fail 

^283. to comply with, the provisions of sections 390 and 391 of the Civil 

Code, on the subject of letting out public work by bidding, shall be 

guilty of a misdemeanor. 



149 TWELFTH DIVISION.— ARTICLES 1, 2. §§742-745 

Destroying books or papers, landmarks, and buoys, etc. Burning fences or crops, etc. 



TWELFTH DIVISION. 



Fraudulent or Malicious Mischief. 



ARTICLE 1. 
Destroying Books or Papers, Landmarks, and Buoys, Etc. 

§742. (§692.) Destroying books or papers of value. If any personCobb,^823. 
shall fraudulently or maliciously tear, burn, or destroy any deed, p- 63. 
lease, will, bond, or other writing sealed, or any bank-bill or note, 
check, draft, or other security for the payment of money or the 
delivery of goods, or any public security of this State or of the 
United States, or any of them, for the payment of money, or any 
receipt or discharge of any debt, suit, or other demand, or any 
transfer or assurance of money or other property, or any letter of 
attorney, or other power, or any book of accounts, or any agreement 
or contract whatever, with intent to defraud or injure any person 
or body politic, he shall be punished by imprisonment and labor in 
the penitentiary for not less than one year nor longer than four 
years. 

§743. (§693.) Altering or removing landmarks. If any personCobb,^823.^ 
shall knowingly, maliciously, or fraudulently cut, alter, or remove p- 233. 
any certain boundary tree, or other allowed landmark, to the injury 
of another, he shall be guilty of a misdemeanor. 

§744. (§694.) Buoys, beacons, etc. If any person shall, mali-^obb, 823. 
ciously or without authoritj^, cut down, remove, or destroy any bea- 
con or buoy erected by any commissioners of pilotage or other per- 
son duly authorized for that purpose, he shall be punished by 
confinement and labor in the penitentiary for not less than two 
years nor longer than five years. 



ARTICLE 2. 
Burning Fences or Crops, and Setting Fire to Woods. 



§745. (§695.) Willful and malicious setting fire to or burning 2^^^* ^1^4. 2 
fences, etc., not in a town or city. If any person shall willfully and^Hg-s'^^' ^72 



-§746-751 



TWELFTH DIVISION.— ARTICLE 3. 



150 



Injuries to bridges and dams. 



maliciously set fire to or burn the fences, or stacks, piles, or shocks 
of corn, fodder, grain, straw or hay, or crops not gathered in the 
field of another, not in a town, village, or city, he shall be punished 
by imprisonment and labor in the penitentiary for not less than one 
year nor longer than three years. 



Acts 1882-3, 
p. 72. 



Acts 1882-3, 
p. 72. 



§746. (§696.) When in a town or city. If the fence, stack, shock 
or pile, mentioned in the preceding section, be in a city, town, or 
village, the willful and malicious burning thereof shall be punished 
by imprisonment and labor in the penitentiary for not less than two 
years nor longer than five years. 

§747. (§697.) When the fire is communicated to a house. If the 
fire from the burning mentioned in the preceding section be com- 
municated to a house, the punishment shall be imprisonment and 
labor in the penitentiary for not less than five years nor longer than 
twenty years. 

Acts'isete. §^^48. (§698.) Setting fire to woods. If any person shall willfully, 
\%H^^i 60 carelessly, or negligently set on fire, or cause to be set on fire, any 
§227. Avoods, lands, or marshes, so as to cause loss or injury to another, he 

shall be guilty of a misdemeanor. 

Acts' 1865-6 §'^^^- (§^9^-) Taking from fence for fuel. If any person shall 
p. 233. wrongfully take from the fence or other inclosure of another any 

rail or other material of which it is made, for the purpose of using 
the same as fuel, he shall be guilty of a misdemeanor. 



Cobb, 824. 
Acts 1895, 
p. 63. 



Acts 1875, 
p. 101. 



ARTICLE 3. 

Injuries to Bridges and Dams. 

§750. (§700.) Breaking bridges, dams, banks, etc. If any person 
shall unlawfully, willfully, and maliciously break down, open, cut 
through, injure, or destroy any bridge, river or meadow bank, rice- 
dam, mill-dam, or any other dam or bank, he shall be punished by 
' ^^^finement and labor in the penitentiary not less than one year 
nor longer than three years. 

§751. (§701.) Encamping or building a fire upon, within, or under 
a bridge. If any person shall encamp or build a fire upon, within, 
or under a public or private bridge, without the consent of the 
owner, he shall be guilty of a misdemeanor. 



151 TWELFTH DIVISION.— ARTICLES 4, 5. §§752-756 

Killing or maiming cattle, and cruelty to animals. Putting children to dangerous or improper vocations. 

ARTICLE 4. 

Killing or Maiming Cattle, and Cruelty to Animals. 

§752. (§702.) Killing or maiming cattle or hogs. If any personcobb, 824. 
shall maliciously maim or kill any horses or cattle, or shall mali- p- 233. 

. . . 1880-1, p. 73. 

ciously maim or kill a hog, he shall be guilty of a misdemeanor. 
When the person killing or maiming such animal shall set up as a 
defense that the killing or maiming was done, not from malice to- 
ward the owner, but to prevent injury to the defendant's crop or 
other property, such defense shall not avail to acquit the defendant 
unless it be made clearly to appear that the crop or other property 
was protected by a substantial fence not less than four and a half 
feet high. 

§753. (§703.) Cruelty to animals. Every person who shall insti- ^^^^jgi^^^-^- 
gate, engage in, or do anything in furtherance of an act of cruelty |^!J^' p- ^JJ- 
to a domestic animal shall be punished as for a misdemeanor. mo^' ^' ^^^' 

§754. (§704.) Disposition of fines. All fines collected under the ^^tysTs-g. 
provisions of the preceding section shall inure, one half to the pub- 
lic-school fund of the county, and the other half to any society whose 
object is the prevention of cruelty to animals, which is incorporated 
by proper authority in this State, and whose officer or agent has 
prosecuted the case in which the fine is imposed ; and where the 
prosecutor is some person other than such agent or officer, then half 
of the fine shall be paid into the county treasury. 

§755. (§705.) Cruelty defined. The word ''cruelty" shall be held Acts^ms-t. 
to include every willful act, omission, or neglect, whereby un justi- §758. 
fiable physical pain, suffering, or death is caused or permitted. 



ARTICLE 5. 

Putting Children to Dangerous or Improper Vocations. 

§756. (§706.) Putting children to dangerous or improper voca- Acts^i878-», 
tions. Any person who shall sell, apprentice, give away, let out, o^^il3\4^°^|;4« 
otherwise dispose of any child under twelve years, to any person, for 
the vocation^ occupation, or service of rope or wire walking, begging, 
or as a gymnast, contortionist, circus-rider, acrobat, or clown, or for 
any indecent, obscene, or immoral exhibition, practice, or purpose, 
shall be guilty of a misdemeanor. 



§§757-762 



TWELFTH DIVISION.— ARTICLE 6. 



152 



Injuring turnpike and navigation fixtures, firing or sinking vessels, and other acts of malicious mischief. 



Acts 1878-9, 
p. 162. 



Acts 1878-9, 

p. 162. 
§755. 



Acts 1906, 
p. 98. 



§757. (§707.) Receiving and using child. Whenever a child shall 
be disposed of in violation of the preceding section, the person who, 
under such selling, apprenticing, or letting out, shall receive and 
use such child for any of the purposes condemned in said section, 
shall be guilty of a misdemeanor. 

§758. (§708.) Cruelty to children. Whoever shall torture, tor- 
ment, deprive of necessary sustenance, mutilate, cruelly, unrea- 
sonably, and maliciously beat or ill-treat any child, or cause any of 
said acts to be done, shall be guilty of a misdemeanor. 

§759. Child labor in factories. Whoever shall violate any of sec- 
tions 3143 to 3149, inclusive, of the Civil Code, relating to child labor 
in factories or manufacturing establishments, shall be guilty of a 
misdemeanor. 



Cobb, 824. 
Acts 1865-6, 
p. 233. 



Cobb, 824. 
Acts 1865-6, 
p. 233. 



Cobb, 824-5. 
Acts 1894, 
p. 106. 



ARTICLE 6. 

Injuring Turnpike and Navigation Fixtures, Firing or Sinking 
Vessels, and Other Acts of Malicious Mischief. 

§760. (§709.) Turnpike and navigation fixtures. If any person 
shall maliciously injure or destroy any turnpike gate, or any post, 
rail, wall, chain, bar, or other fence belonging to any turnpike gate, 
or any house erected for the use of such turnpike gate, or shall will- 
fully and maliciously injure or destroy any lock or other works 
erected to protect and secure the navigation of any river or canal, 
he shall be punished by imprisonment and labor in the penitentiary 
for not less than one year nor longer than four years. 

§761. (§710.) Firing or sinking vessels. If smy person shall will- 
fully and maliciously burn or set fire to any ship or other vessel, 
above the value of two hundred dollars, alongside of any wharf, or 
at anchor in any river, or in any waters in this State, or if any 
person shall willfully and maliciously make or assist in making any 
hole in the bottom, side, or any part of any ship or other vessel above 
the value aforesaid, or do any other act tending to the loss or de- 
struction of such ship or other vessel, he shall be punished by 
imprisonment and labor in the penitentiary for not less than three 
years nor longer than seven years ; and if the ship or other vessel 
thus injured or destroyed be of the value of two hundred dollars, 
or under that, he shall be guilty of a misdemeanor. 

§762. (§711.) Setting fire to a ship, boat, barge, or lighter. Any 

person who shall willfully and maliciously set fire to a ship, boat. 



153 TWELFTH DIVISION.— ARTICLE 6. §§763-770 

Injuring turnpike and navigation fixtures, firing or sinking vessels, and other acts of malicious mischief. 

barge, or lighter, or to the goods or cargo contained in or upon any 
such vessel, when it is moored to or lying at or near any wharf in 
any port, shall be punished by imprisonment in the penitentiary for 
not less than seven nor longer than twenty years. 

§763. (§712.) Setting fire defined. The offense embraced in the ^p^^^^^^J^^^* 
preceding section shall be complete when any attempt is made to 
burn the vessel, or goods or cargo, though no material injury is the 
consequence. 

§764. (§713.) Cutting down trees. If any person shall willfully ^o^^'^|25.g 
and maliciously cut dowm, injure, or destroy any tree planted oi'slie^^m 
growing in any town, village, or city, or in any avenue, yard, gar- 
den, orchard, or plantation, for ornament, shelter, shade, or profit, 
he shall be guilty of a misdemeanor. 

§765. (§714.) Mile or guide-posts. If any person shall willfully ^o^^' ^82gg 
or maliciously break, deface, destroy, or remove a mile-stone or post, p- 233. 
or guide-board, erected upon a public road or highway, or alter any 
mark or inscription upon any such mile-stone, post, or guide-board, 
he shall be guilty of a misdemeanor. 

§766. (§715.) Obstructing highway. Any person who shall ob-^^^^'^^g^g^- 
struct a public highway with a malicious intent, or shall do the^Pg^^^- ^^^ 
same act w^ithout such intent, and fail to remove the obstruction on 
notice from the overseer or commissioner of the road, shall be guilty 
of a misdemeanor. 

§767. (§716.) Leaving open or injuring gates or fences at cross- ^^ts^issoi, 
ings. Any person who shall willfully and unlawfully leave op en 1^95, p. 63. 
any gate, or do any willful damage to the same, or to the fences, 
erected in pursuance of sections 2045 and 2047 of the Civil Code, 
shall be punished as for a misdemeanor. 

§768. (§717.) Severing produce from the realty. If any person^^^^-^llo.g 
shall commit a trespass by willfully and maliciously severing from p- ^'^■^■ 
the land of another any produce thereof, he shall be guilty of a 
misdemeanor. 

§769. (§718.) Injuries to coast-survey fixtures. Any person who^^^lgi^es e, 
shall willfully or wantonly injure, deface, or remove any signal, 
monument, building, or any other appendage thereto, erected within 
the State by virtue of any act of Congress authorizing a coast sur- 
vey, shall be guilty of a misdemeanor. 

^770. (§719.) Injuries to public burying-grounds. Any person^p*!^^^'^^' 
who shall willfully or wantonly injure or destroy any inclosure-*^^^^'^' ^' ^^' 



§§771-776 TWELFTH DIVISION.— ARTICLE 6. 154 

Injuring turnpike and navigation fixtures, firing or sinking vessels, and other acts of malicious mischief. 

around or within any public or private burying-ground, or any 
monument, tombstone, or other fixtures therein, shall be guilty of a 
misdemeanor. 

Cobb. 846. §771. (§720.) Disturbing private burying-grounds. Any person 

who, by himself, his agent, or servants, shall mutilate, or in anywise 
injure or destroy, any private burying-ground which has been re- 
served in any private or public sale of the surrounding land, shall be 
guilty of a misdemeanor. 

Acts^i859, ^772. (§721.) Injuring fish-pond, etc. Any person who shall com- 

mit a trespass upon an artificial fish-pond by fishing therein, or who 
shall willfully and maliciously destroy the fish therein or break the 
dam thereof, or otherwise injure such pond, shall be guilty of a 
misdemeanor. 

Acts^ises, §773. (§722.) Injuring mining works. If any person shall un- 

1895, p. 63. lawfully, willfully, and maliciously cut, break down, destroy, or in 

any manner injure or obstruct, or shall counsel and assist, or advise 
any person in any manner to injure, obstruct, break down, or destroy 
any ditch, canal, flume, dome, or tunnel made or used to control and 
convey water to any mine for mining purposes, or any of the appur- 
tenances to such ditch, canal, flume, dome, or tunnel, he shall be 
guilty of a misdemeanor. 

^^*|g^^^^"^' §774. (§723.) Pois9ning fish. Any person who shall poison any 
5^11' lake, river, stream, or pond, with a view of poisoning fish therein, 

shall be guilty of a misdemeanor-. 

^(^ts^^^^Qi-2, §775. Poisoning water in spring, well, or reservoir. If any person 

1896, p. 84. shall willfully and wantonly poison or procure another to poison 

any spring, fountain, well, or reservoir of water, he shall be guilty 
of a felony, and on conviction therefor shall be imprisoned in the 
penitentiary for a term of not less than two nor more than twenty 
years. 

^""^180^^^^' §776. (§724.) Obstructing passage of timber. Any person who, 
by placing a boom in or across any watercourse which is navi- 
gable, or which may have been generally used for the purpose of 
rafting or drifting timber to market in this State, or by any other 
contrivance, shall prevent the free and usual passage of timber upon 
such watercourse, and who, for two days after being requested to 
do so by any person, his agent, or employee, whose timber is de- 
tained by such boom or other contrivance, shall fail to clear suffi- 
cient channel in such watercourse to allow the passage of the timber 
so detained, shall be guilty of a misdemeanor. Nothing in this sec- 



155 TWELFTH DIVISION.— AETICLES 7, 8. §§777-783 

Threatening to burn property of another. Interfering with property of electrical companies. 

tion shall affect the rights of the owner of a stream not navigable, 
as provided in the Civil Code. 

§777. (§725.) Injuries to public buildings. If any person shall -^flg^^^^- 
designedly destroy, injure, or deface, any public building, its ap- ^^^jj^. ^^*^^' 
purtenances, or furniture, or shall use the same for an indecent pur- 
pose, he shall be punished as for a misdemeanor, besides being liable 
for the damages. 

§77^. (§726.) Digging ginseng. If any person shall dig ginseng, ^p^^^^^^^^^- 
other than that which is cultivated, before the first day of Septem-^^^-^- p- ^•^• 
ber in each year, he shall be punished as for a misdemeanor. 

§779. (§727.) Injuring telegraph wires or fixtures. If any person^^'^^^-^'^^^g 
shall willfully destroy or in any way injure the posts, wires, or fix- p- 2^^- 
tures of a magnetic telegraph company, he shall be guilty of a mis- 
demeanor. 

§780. (§728.) Injuries to arsenals, armories, etc. Any person who ^'^*|g^^^'*"^' 
shall willfully injure any arsenal or armory or its fixtures, or any 
uniforms, arms, or equipments, or other property therein deposited, 
shall be guilty of a misdemeanor. 

§781. (§729.) All other acts of malicious mischief . All other acts ^°^^' ^^'• 
of willful and malicious mischief, in the injuring or destroying any 
other public or private property not herein enumerated, shall be 
misdemeanors. 



ARTICLE 7. 

Threatening to Burn Property of Another. 

* 

§782. (§730.) Threatening to burn property of another. Any per-^p*y^^^' 
son who shall threaten, by posting any writing or printed matter, to 
injure, damage, or destroy, by burning or other means, any gin, gin- 
house, barn, dwelling, stable, storehouse, or any other house contain- 
ing valuable property, shall be guilty of a misdemeanor. 



ARTICLE 8. 

Interfering with Property of Electrical Companies. 

§783. Injuring or interfering with property of electrical compa>^*|«i^^'^' 
nies. Whoever unlawfully and intentionally injures or destroys, or 
permits to be injured or destroyed, any meter, pipe, conduit, wire, 



§§784-786 TWELFTH DIVISION.— ARTICLE 9. 156 



Injuring house with explosive substance. 



line, post, lamp, or other apparatus belonging to a company engaged 
in the manufacture or sale of electricity for lighting or power pur- 
poses, or unlawfully and intentionally prevents an electric meter 
from duly registering the quantity of electricity supplied, or in any 
way interferes with its proper action or just registration, or, with- 
out the consent of such company, unlawfully and intentionally di- 
verts any electric current from any wire of such company, or other- 
wise unlawfully and intentionally uses or causes to be used, without 
the consent of such company, any electricity manufactured or dis- 
tributed b.y such company, shall be punished as for a misdemeanor. 



ARTICLE 9. 

Injuring House with Explosive Substance. 

A.cts^i897, §784. Destroying or injuring house with explosive substance. If 

any person shall willfully and maliciously destroy, injure, or at- 
tempt to destroy or injure any dwelling-house, storehouse, barn, 
depot, or other house or place of business or lodging of any person 
or being, with or by the use of dynamite, powder, nitroglycerin, or 
any other explosive substance or compound, and said act shall cause 
the death of a human being, such person so offending shall be pun- 
ished with death, but the punishment may be commuted in conform- 
ity with section 63 of this Code. 

^p^*|q^^^^' §785. House within a city or town. The willful and malicious 

destroying or injuring any dwelling-house, storehouse, barn, depots 
or other house or place of business or lodging of any person within 
the limits of any city or town within this State, w4th or by the use 
of dynamite, powder, nitroglycerin, or other explosive substance or 
compound, shall be punished with death, but the punishment may be 
commuted in conformity with section 63 of this Code. 

^^p^^lg^^^^' §786. House not within a city. The willful and malicious destroy- 

ing or injuring any dwelling-house, storehouse, barn, depot, or other 
place of business or lodging place of any person, wherein any person 
shall lodge or reside, or so nearly connected therewith as to endan- 
ger the life of any person being or so dwelling therein, not within 
the limits of any city or town, with or by the use of dynamite, 
powder, nitroglycerin, or any other explosive substance or com- 
pound, shall be punished with death, but the punishment may be 
commuted in conformity with section 63 of this Code. . 



157 TWELFTH DIVISION.— ARTICLE 9. §787 

Injuring house with explosive substance. 

§787. House where no person lodges, an attempt to injure. The'^p^^^l^^^^'^' 
willful and malicious destroying or injuring any dwelling-house, 
storehouse, depot, barn, or other house or place of business of any 
person, wherein no person shall lodge or reside, and not so closely 
connected with any such dwelling-house, storehouse, barn, depot, or 
other house wherein any person shall reside, lodge or be, so as to 
endanger life, or the willful and malicious attempting to destroy or 
injure any dw^elling-house, storehouse, barn, depot, or other house 
or place of business of any person, with or by the use of dynamite, 
powder, nitroglycerin, or other explosive substance, shall be pun- 
ished by confinement and hard labor in the penitentiary of this 
State for not less than one year nor longer than twenty years. 



§§788-791 JUSTICES OF THE PEACE.— SUPERIOR COURTS. 



158 



Justices of the peace ; their jurisdiction. Superior courts, officers, jurisdiction, etc. 



PROCEDURE. 



CRIMINAL COURTS. 



Justices of the Peace. 



ARTICLE 1. 



Their Jurisdiction. 

§788. (§731.) When removable from office. Justices shall be re- 



Const., 
Art. 6, sec. 

cohh!^207^' movable on conviction for malpractice in office, or for any felonious 
§§295, 296. ^^ infamous crime. 



§903. 



§ §931-939. 



§789. (§732.) Their criminal jurisdiction. They have criminal 
jurisdiction in the following instances : 

1. In acting as conservators of and preserving the public peace in 
their respective districts and counties. 

2. In issuing warrants for the apprehension of any person charged 
on oath witli a violation of any portion of the Penal Code, or who is 
so known to them officially. 

3. In examining such person when brought before them, and to 
commit, bind over, or discharge, according to the directions of this 
Code. 

§790. (§733.) Jurisdiction extends over the county. Their crim- 
inal jurisdiction extends over persons of, or crimes committed in, 
their respective counties. 



The Superior Court — Its Officers and Juries. 



Ck)bb. 1135. 



ARTICLE 1. 

Jurisdiction of the Court, and Authority of the Judges. 

§791. (§791.) Jurisdiction of superior courts. The superior courts 
have authority — 

1. To exercise original, exclusive, or concurrent jurisdiction (as 



159 SUPERIOR COURTS. §§792-795 



Sessions and adjournments. 



the case may be) of all causes, both civil and criminal, granted to 
them by the Constitution and laws. 

2. They have exclusive jurisdiction in criminal cases where the^2°J.*'6, sec. 
offender is subjected to loss of life, or confinement in the peniten- ^' ^^^- ^• 
tiary. 

§792. (§792.) Judges may grant writs of certiorari, supersedeas, 
hear motions, etc. The judges of the superior courts have author- 
ity— 

1. To grant for their respective circuits writs of certiorari, super- 
sedeas, quo warranto, mandamus, habeas corpus, and bails in actions 
ex delicto. 

4. To hear and determine questions arising upon writs of habeaF^Jp^o/Jfj' 
corpus or bail, when properly brought before them; all motions to ■^^^^" 
grant, revive, or dissolve injunctions, to give new security or lessen 

the amount of bail ; and to perform any and all other acts required 
of them at chambers. 

5. To administer oaths, and to exercise all other powers necessarily 
appertaining to their jurisdiction, or which may be granted them by 
law. 



ARTICLE 2. 
Sessions and Adjournments. 

§793. (§793.) Sessions and adjournments. Said judges shall holdconst., 

. . . Art. 6, sec. 

the superior courts oi each circuit at the county-site and court-house 4, par. 8. 

Acts 1902 

(if any) of each county, or other place therein designated by law. p. 54. 
not less than twice each year, at such times as are prescribed by the 
General Assembly. The judge may, in term time, adjourn the court 
to such time as he may think fit. The judges shall adjourn the regu- 
lar and adjourned terms at least five days before the commencement 
of the next regular term. 

§794. (§794.) Adjournment by clerk from day to day. In case ofcobb, 459. 
unavoidable accidents, whereby the superior court in any county 
shall not be held at the time appointed for holding it, the clerk 
of such court shall adjourn it from day to day, not exceeding two 
days ; and unless the presiding judge shall order to the contrary 
within the two days, the clerk shall then adjourn said court to the 
next term. 

§795. (§795.) Adjournment by clerk on judge's order. When^^^^- ^^^ 
the clerk of the superior court is informed by the presiding judge 
that it is not possible for him to attend the regular term of said 



§§796, 797 



SUPERIOR COURTS. 



160 



The clerks. 



court, from sickness of himself or his family, or other unavoidable 
cause, which shall be expressed in the order of adjournment, the 
clerk shall adjourn the court to such time as the judge may direct, 
and shall advertise the same at the court-house of the county in 
which the court is to be held, and one or more tinges in a public 
gazette. No superior court shall be adjourned by the judge in 
vacation, except for the causes above stated. 



Acts 1861, 
p. 56. 
1890-1, p. 74. 
§793. 



§796. (§796.) Special terms for either civil or criminal business. 

The judges of the superior courts may, in their discretion, hold 
adjourned terms of said courts in every county within their re- 
spective circuits, when the business requires it to close the dockets, 
and may, in the exercise of a sound discretion, cause new juries to 
be drawn for the same, or order the juries drawn for the regular 
term to give their attendance upon such adjourned terms; and such 
judges are authorized to hold special terms of said courts for the 
trial of criminals, or for the disposition of civil business, either or 
both, in any county of their circuits, at discretion, and to compel the 
attendance of grand or petit jurors, either of a previous term, or to 
draw new jurors for the same, according to the laws now in force. 



Acts 1882-3, 

p. 55. 
1876, pp. 99, 

100. 



ARTICLE 3. 

The Clerks. 

§797. (§797.) To keep dockets. It is the duty of the clerks to 
keep a subpoena docket for criminal cases, which shall show the 
name of the person for whom subpoena issued, its date, at whose 
instance it was issued, and to whom delivered. And he shall keep a 
trial docket of criminal cases, showing the names of the parties, 
their attorneys, and the character of each case in the order in which 
they were returned to court ; also a docket of criminal cases, to be 
known as the dead docket, to which cases shall be transferred, at the 
discretion of the presiding judge, and which shall only be called at 
his pleasure. When a case is thus transferred, all witnesses who may 
have been subpoenaed therein shall be released from further attend- 
ance until resubpoenaed. 



161 SUPERIOR COURTS. §§798-800 



Solicitors-general. 



ARTICLE 4. 

Solicitors-General. 

§798. (§798.) Special duties. Their duties within their respective 
circuits are : 

1. To attend each session of the superior courts, regular or ad- 
journed, unless excused by the judge thereof, and remain until the 
business of the State is disposed of. 

2. To attend on the grand juries, advise them in relation to mat- 
ters of law, and swear and examine witnesses before them. 

3. To administer the oaths the laws require, to the grand and petit 
jurors, to the bailiffs, or other officers of court, and otherwise to aid 
the presiding judge in organizing the courts as he may require. 

4. To draw up all indictments or presentments, when requested byCobb, 574. 
the grand jury, and to prosecute all indictable offenses. 

5. To prosecute or defend any civil action in the prosecution or 
defense of which the State is interested, unless otherwise specially 
provided for. 

6. To represent the State in all cases in the superior courts of his^^rf 'e 
<iircuit, and in all cases taken up from his circuit to the Supreme ^i- p^'*- ^• 
Court, and to perform such other services as shall be required of him 

by law. 

7. To collect all moneys arising from fines and forfeited recogni-^^^^' ^^-'^• 
zances, all costs on criminal cases when paid into court before judg- 
ment, and not otherwise ; and at the fall term of each court, every 

year, to settle with the county treasurer, and pay over to him all 
moneys due him according to law, after a fair and full settlement. 

8. To settle at the same time with the preceding solicitor, and pay 
over to him any moneys collected to which he may be entitled, and 
to render to him, whenever required by him, a just statement of the 
condition of his interests. 

11. To perform such other duties as are or may be required by 
law, or which necessarily appertain to their office. 

§799. (§799.) May be ruled as attorneys at law. If a solicitor- 
general fails to comply with the provisions of the preceding section, 
he is liable to rule as attorneys at law are, with all the penalties and 
remedies ; and on failure to comply with the terms of a rule absolute, 
within twenty days from the time it becomes final, it shall be a 
ground of impeachment. 

§800. (§800.) Failure to attend on courts. If he fails to attend on 
the courts of his circuit as required, he is liable to be fined for each 
failure fifty dollars, to be retained out of his salary. 



§§801-807 



SUPERIOR COURTS. 



162 



Solicitors-general. 



§§982, 1127. 



§305. 



Acts 1876, 
p. 29. 



Cobb. 574. 



§801. (§801.) May nolle pros, indictments. He has authority, on 
the terms prescribed by law, to enter a nolle prosequi on indictments. 

§802. (§802.) How proceeded against for exacting illegal costs. 
If t-he grand jury present the solicitor for having received more than 
his lawful costs, he shall be disqualified from further discharging his 
official duties until a trial shall be had upon an indictment, and if 
the trial results in a conviction, he shall be fined and imprisoned at 
the discretion of the court ; and it is also a ground of impeachment. 
The disqualification continues until the adjournment of the next 
session of the General Assembly. 

§803. (§803.) Clerk to notify the Governor. It shall be the duty of 
the clerk of said court to certify immediately such proceedings to the 

Governor. 

§804. (§804.) Taking money, etc., to influence grand jury. If 

they take or agree to take, from any person, money or any other 
valuable thing, the consideration whereof is a promise or under* 
taking to procure, or to try to procure, a finding by the grand jury 
of ''a bill" or "no bill" upon an indictment, or to make or not to 
make a presentment, or to prolong or procrastinate a State case, or 
an arrest, or to advise it done, or how it may be done, the penalty 
and the proceedings are the same as in the two preceding sections. 

§805. (§805.) When the court may supply his place. When a 
solicitor is absent, or indisposed, or disqualified from interest or 
relationship to engage in a prosecution, the presiding judge must 
appoint a competent attorney of the circuit to act in his place, or 
he may command the services of the solicitor of any other circuit 
accessible, or he may make a requisition on the Governor for the 
attorney-general, as the emergency in his discretion may require. 

§806. (§806.) Attorney acting as solicitor, entitled to same fees. 

An attorney acting as such solicitor is subject to all the laws gov- 
erning solicitors-general; he is entitled to the same fees for what he 
does, and incurs the same penalties in the discharge of his duties. 

§807. (§807.) Proceedings when solicitor is prosecuted. When 
any person makes affidavit, before the court or grand jury, that in 
his judgment the solicitor-general is guilty of an indictable offense, 
and that he desires to prosecute him, or the grand jury may present 
him for such an offense, it is the duty of the court instanter to ap- 
point some competent attorney at law to draw a bill of indictment, 
and, when there is a true bill found or presentment made, to put the 
solicitor under recognizance or in prison, according to the offense, 
until the appearance of the proper prosecuting officer'. 



163 SUPERIOR COURTS. §§808-811 

Special criminal bailiffs. Stenographic reporter. The grand jury. 

ARTICLE 5. 

Special Criminal Bailiffs. 

§808. (§808.) Appointment and removal. In each county having ^^^l^js^o-i, 
more than twenty thousand inhabitants, the solicitor-general of the 
superior, city, and county courts shall each be entitled to a special 
criminal bailiff, to be appointed by such solicitor-general with the 
approval of the judge of the court, and to be subject to removal by 
such judge and solicitor-general for misconduct in office, or other 
sufficient cause, to be judged of by them. 



§809. (§809.) Duties. Such special criminal bailiffs shall prepare ^^^l^s^^o 
all criminal business pending in the courts for which they were ap- 
pointed, respectively, for trial, by arresting defendants, summoning 
witnesses, and serving attachments on witnesses, and performing 
such other duties, in connection wdth the criminal business of the 
courts in which they are serving, as may be directed by the pre- 
siding judges and solicitors-general of said courts. 



ARTICLE 6. 

Stenographic Reporter. 

§810. (§810.) Reporters. The judges of the superior courts shall Acts isto, 

^ p. loo. 

have power to appoint, and at pleasure remove, a reporter or steno- 
graphic reporter for the courts of their respective circuits. Such 
reporter, before entering on the duties of his office, shall be duly 
sworn, in open court, faithfully to perform all the duties required 
of him by law ; and it shall be his duty to attend all courts in the 
circuit for which he is appointed, and, when directed by the judge, 
to exactly and truly record or take stenographic notes of the testi- 
mony and proceedings in the case tried, except the arguments of 
counsel. 



ARTICLE 7. 

The Grand Jury. 

§811. (§811.) Qualification of grand jurors. All male citizens of const., 
this State, above the age of twenty-one years, being neither idiots, is, par. 2. 
lunatics, nor insane, who have resided in the county for six months p. 53. 
preceding the time of serving, and Avho are the most experienced, 



§§812-816 



SUPERIOR COURTS. 



164 



The grand jury. 



intelligent, and upright persons, as hereinafter provided, are quali- 
fied and liable to serve as grand jurors, unless exempted by law : 
Provided, however, that county commissioners, tax-receivers, tax- 
collectors, members of the county board of education, county school 
commissioners, ordinaries, and county treasurers shall be incompe- 
tent to serve as grand jurors during their respective terms of office. 



Cobb, 547. 
Acts 1869, 
p. 140. 



Acts 1878-9, 
p. 27. 
1887, p. 52. 
1901, p. 43. 



Acts 1899, 
p. 78. 



Acts 1882-3, 
p. 101. 



Acts 18S7, 

p. 31. 
1897, p. 40. 
1899, p. 44. 



§812. (§812.) Number of grand jurors. A grand jury shall con- 
sist of not less than eighteen nor more than twenty -three persons. 

§813. (§813.) Jury commissioners. There shall be a board of jury 
commissioners, composed of six discreet persons, who are not prac- 
ticing attorneys at law nor county officers, who shall hold their ap- 
pointment for six years, and who shall be appointed by the judge of 
the superior court. On the first appointment two shall be appointed 
for two years, two for four years, and two for six years, and their 
successors shall be appointed for six years. The judge shall have 
the right to remove said commissioners at any time, in his discretion, 
for cause, and appoint a successor. 

§814. Member of board of roads and revenues and county com- 
missioner ineligible. No person, while serving as a member of the 
board of roads and revenues, or as county commissioner, shall be 
eligible to serve as jury commissioner, and the acts of either as jury 
commissioner shall be illegal and void. 

§815. (§814.) Oath and duty of commissioners. Jury commis- 
sioners, before entering on the discharge of their duties, shall take 
and subscribe before the ordinary of their respective counties, the 
following oath (which shall be entered on the minutes of the court 
of ordinary), viz. : ''You shall faithfully and impartially discharge 
the duty of jury commissioners for the county of , in accord- 
ance with the Constitution of this State, to the best of your skill and 
knowledge ; and the deliberations and counsel of the jury commis- 
sioners, while in the discharge of their duties, you shall forever 
keep secret and inviolate, unless called upon to give evidence thereof 
in some court of justice or other legal tribunal of this State. So 
help you God." 

§816. (§815.) When revision shall be made. Biennially, or, if the 
judge of the superior court shall direct, triennially, on the first 
Monday in August, or within thirty days thereafter, they shall re- 
vise the jury lists, as provided in this Article ; except that in those 
counties within whose limits there is an incorporated town of ten 
thousand or more inhabitants, the revision shall be made annually, 
excepting that the judge in such cases may also order a revision of 



165 SUPERIOR COURTS. §§817-821 

The grand jury. 

the jury list biennially or triennially, in his discretion. In de- 
termining the number of inhabitants of any town, the last preced- 
ing census of the United States shall be taken as an evidence of the 
number of inhabitants. 

§817. (§816.) Clerk of the board. The clerk of the superior courtActs ists-q, 
shall be the clerk of the board of commissioners, and shall perform 1882-3, p. 101. 

. §1138. 

all the clerical duties required by law. Before entering upon the 
performance of his duties as clerk of said board he shall take an 
oath, before the ordinary, to faithfully discharge his duties as re- 
quired by law, and that he will never divulge any of the proceedings 
and deliberations of the jury commissioners, unless compelled to 
testify thereof in some court in this State. 

§818. (§817.) Judge may order revision, when. On failure of the^cts ms-g, 
commissioners of any county to revise the jury-list as provided in 
this Article, the judge of the superior court of such county, either 
in term time or at chambers, shall order the revision made at such 
time as he may direct. 

§819. (§818.) Grand and traverse juries, how selected. The jury^cts ms^o, 
commissioners shall revise the jury-list, and shall select from thei892, p. ei. 
books of the tax-receiver upright and intelligent men to serve as 
jurors, and shall write the names of the persons so selected on tick- 
ets, as required by law. They shall select from these a sufficient num- 
ber, not exceeding two fifths of the whole number, of the most expe- 
rienced, intelligent, and upright men to serve as grand jurors, whose 
names they shall write upon other tickets. The entire number first 
selected, including those afterwards selected as grand jurors, shall 
constitute the body of traverse jurors for the county, to be drawn 
for service as now provided by law, except that when in drawing 
juries a name shall be drawn as a traverse juror which has already 
been drawn for the same term as a grand juror, such name shall be 
returned to the box and another drawn in its stead. 

§820. (§819.) Jury-boxes, how made up. The jury commissioners ^^t^27^'^^4^' 
shall place the tickets containing the names of grand jurors in a 
box to be provided at the public expense, which box shall contain 
apartments marked number "one" and "two," from which grand 
jurors shall be drawn as provided by law, and the jury commission- 
ers shall place the tickets containing the names of traverse jurors in 
a separate box, to wit, the jury-box now in use, or other similar box, 
from which traverse jurors shall be drawn, as provided by law. 

§821. (§820.) Book lists to be made. The clerk of the superior ^^p^^^^sTs^^' 
court shall make out, in a book, lists of the names respectively con-^^^^- p- ^^- 



§§822-826 



SUPERIOR COURTS. 



166 



The grand jury. 



tained in the grand-jury box and in the traverse- jnry box, alphabeti- 
cally arranged, and place the book in his office, after the lists therein 
have been certified by the clerk and commissioners to contain, re- 
spectively, all the names placed in the jury-boxes. 



Acts 1S78-9, 
p. 27. 



Acts 1869, 
p. 140. 

1874, p. 20. 



Acts 1903, 
p. S3. 



Acts 1869, 
p. 140. 



§822. (§821.) How juries shall be drawn when judge fails to draw. 

Whenever the presiding judge of the superior court shall fail to 
draw juries at any regular term of the court, the jury commissioners 
may draw traverse jurors at the same time and in the same manner 
as grand jurors are draAvn in such cases. 

§823. (§822.) How drawn. The judges of the superior courts, at 
the close of each term, in open court, shall unlock the box, and 
break the seal, and cause to be drawn from apartment number ''one'' 
not less than eighteen nor more than thirty names to serve as grand 
jurors at the next term of the court ; all of which names shall be 
deposited in apartment number "two;" and when all the names 
shall have been drawn out of apartment number ''one," then the 
drawing shall commence from apartment number "two," and the 
tickets be returned to number "one," and so on alternately; and no 
name so deposited in the box shall, on any pretense whatever, be 
thrown out of it, or destroyed, except when it is satisfactorily shown 
to the judge that the juror is dead, removed out of the county, or 
otherwise disqualified by law. 

§824. Ineligible at next succeeding term. Any juror who has 
served as a grand or traverse juror at any session of the superior 
courts, county courts, or city courts in this State shall be ineligible 
for duty as a juror at the next succeeding term of said superior 
court, county court, or city court, in which he has previously served : 
Provided, nothing herein contained shall prevent any traverse juror 
from serving as a grand juror at the next term of the superior court 
of his county. 

§825. Name of ineligible person returned to the box. When any 
name of such juror as is disqualified by the preceding section is 
drawn, the same shall not be recorded as a juror, but shall be re- 
turned to the box from which it was drawn, and the drawing con- 
tinued until the jury is secured. 

§826. (§823.) How drawn in vacation. Whenever from any cause 
the judge shall fail to draw a jury as provided in the preceding sec- 
tion, the ordinary of the county in which such failure may have 
occurred, together with the commissioners and clerk of the county, 
shall meet at the court-house at least twenty days previous to the 
next ensuing term of the court, whether such term be a regular or 



167 SUPERIOR COURTS. §§827-832 



The grand jury. 



adjourned term, and then and there draw grand jurors to serve at 
that term; all of which shall be duly entered by the clerk on the 
minutes of the court, and signed by the ordinary. 

§827. ^(§824.) How summoned. Within thirty days after the ju>j;;*5^J^^9' 
rors shall have been drawn by a judge of the superior court, and^^''^- 
within five days after they may have been drawn by the ordinary 
and commissioners, as provided in the preceding section, the clerk of 
the superior court shall issue and deliver to the sheriff, or his dep- 
uty, a precept containing the names of the persons drawn as grand 
jurors ; and upon the receipt of the precept, the sheriff or his deputy 
shall cause the persons whose names are therein written to be served 
personally, or by leaving the summons at their most notorious places 
of residence, at least ten days prior to the term of the court the 
jurors were drawn to attend. 

§828. Member of legislature excused. Any person summoned to^^ts i9o->, 
serve as a juror in any court of this State shall be excused from 
such service during his absence from such court, when his absence 
is caused by his attendance as a legislator upon the General Assem- 
bly. 

§829. (§825.) Oath of the grand jury. The following oath shall cobb, 551. 
be administered to the foreman of all grand juries, viz.: ^^You, as 

foreman of the grand jury for the county of , shall diligently 

inquire and true presentments make of all such matters and things 
as shall be given you in charge, or shall come to your knowledge, 
touching the present service; the State's counsel, your fellows', and 
your own, you shall keep secret, unless called upon to give evidence 
thereof in some court of law in this State ; you shall present no one 
from envy, hatred, or malice, nor shall you leave any one unpre- 
sented from fear, favor, affection, reward, or the hope thereof, but 
you shall present all things truly, and as they come to your knowl- 
edge. So help you God." And the same oath thus taken by the 
foreman shall be taken by each and every member of all grand ju- 
ries. 

§830. (§826.) Confidential communications. Admissions and com- 
munications among grand jurors are excluded as evidence, from 
public policy. 

§831. (§827.) When grand jurors may disclose. Grand jurors ^«^'^' -~^- 
shall disclose everything which occurs in their service, whenever it 
becomes necessary, in any court of record in this State. 

§832. (§828.) Oath of bailiff to the grand jury. The following%\^; 5^^- 
oath shall be administered to all bailiffs attending grand juries, to 



§§833-838 



SUPERIOR COURTS. 



168 



The grand jury. 



wit: "You do solemnly swear that you will diligently attend the 
grand jury during the present term, and carefully deliver to that 
body all such bills of indictment, or other things, as shall be sent to 
them by the court, without alteration, and as carefully return all 
such as shall be sent by that body to the court. So help you God." 



Acts 1869, 
p. 140. 



Cobb, 553. 



Acts 1857, 
p. 109. 

§838. 



Acts 1855-6, 

pp. 274, 275. 
1858, p. 102. 



Acts 1874, 
p. 108. 



Cobb, 836. 
§835. 



§833. (§829.) Duty of grand jurors. The duties of a grand jury 
shall be confined to such matters and things as by the laws and stat- 
utes of this State they are required to perform. 

§834. (§830.) When bound to notice offenses. Whilst grand 
jurors are bound only to notice or make presentments of such of- 
fenses as may or shall come to their knowledge or observation after 
they shall have been sworn, yet they have the right and power, and 
it is their duty, as jurors, to make presentments of any violations 
of the laws which they may know to have been committed at any 
previous time, which are not barred by the statute of limitations. 

835. (§831.) Foreman may swear witnesses. The foreman of each 
grand jury may administer the oath prescribed by law to all wit- 
nesses required to testify before such grand jury, and may also 
examine such witnesses. 

§836. (§832.) The grand jury may recommend an extra tax. Upon 
the recommendation of the grand jury, the ordinaries of the several 
counties in this State may assess and raise a tax for the compensa- 
tion of grand and petit jurors — the jury and confession fees paid 
into the county treasury being, in such case, a part of the fund for 
that purpose ; and when such tax is raised, the clerk of the superior 
court shall issue to the jurors, whose compensation is thus provided 
for, a certificate, which shall be a warrant on the county treasury for 
the amount of the money due such juror, according to the per diem 
pay fixed by the ordinary; and the county treasurer shall pay the 
same out of the fund so raised by taxation ; and the tax-collector 
shall collect the tax and pay it over as county tax. 

§837. (§833.) Inspection of tax-receiver's books. The tax-receiver 
in each county, at each fall term of the superior court in his county, 
shall lay before the grand jury his returns for that year of taxable 
property, and the grand jury shall overlook the same ; and wherever 
they find an undervaluation, they shall correctly assess it according 
to the market valuation of the property, and deliver to the receiver 
his returns with the correction. 

§838. (§834.) Oath of witnesses before grand jury. The following 
oath shall be administered to witnesses intended to be sent before 



169 SUPERIOR COURTS. §§839-841 



The grand jury. 



the grand jury: ''The evidence you shall give the grand jury on 
this bill of indictment (or presentment, as the case may be — here 
state the case) shall be the truth, the whole truth, and nothing but 
the truth. So help you God." 

§839. (§835.) Mistake of tax-receiver. Whenever it shall satisfac- 
torily appear to the grand jury of any county, that the receiver of 
tax returns has committed an error in making an entry in his digest, 
of either quantity or quality of property returned in such digest, or 
in the amount of taxes assessed, such grand jury may recommend 
the ordinary of their county and the comptroller-general of the 
State to cause such error (particularly specifying the same) to be- 
corrected. I j 

§840. (§836.) Duties in relation in county affairs. Except as pro-^^^^'/s^/^- 
vided in sections 416, 417, and 418 of the Civil Code, in addition ^p^^^^^^- ^^ 
to the duties of the grand jury as indicated in the oath administered ^^^■^' p- ^^^• 
to them, and as required by law, it shall be their special duty, from 
term to term of the superior court, to inspect and examine the 
offices, papers, books, and records of the clerks of the superior courts 
and ordinary, and also the books, papers, records, accounts, and 
vouchers of the county treasurer, and cause any such clerk or county 
treasurer, who shall have failed or neglected to do his duty as re- 
quired by law, to be presented for non-performance of official duty. 
And in making up their general presentments, they shall take proper 
notice of the matters brought to their attention by the report and 
books of the county school commissioners. 

§841. (§837.) Appointing citizens to examine records, etc. Ex-^p';^45^^^^' 
cept as provided in sections 416, 417, and 418 of the Civil Code, theigoJ^^p.^sy^^* 
grand jury may, when they deem it necessary, appoint any one or^^^^' ^' ^^'^' 
more citizens of the county, to inspect and examine, during vacation, 
the offices, papers, books, records, accounts, and vouchers of the 
court of ordinary for county purposes, clerk of the superior court, 
county treasurer, tax-collector, tax-receiver, county school commis- 
sioner, sheriff, and all other county officers ; and if any of said officers 
be the custodians of county funds by virtue of their office, or have 
in their possession funds belonging to the county, they shall exhibit 
them to said committee, and it shall be the duty of the committee 
to count the same, and to make a full and complete report of the 
finances, disbursements, and conditions of the several offices to the 
grand jury at the succeeding term of the superior court ; and should 
any of said officers fail or refuse to exhibit to the committee the 
funds on hand or claimed by them to be on hand, upon notice of 
that fact to the judge of the superior court by the committee it 



§§842-847 



SUPERIOR COURTS. 



170 



The grand jury. 



shall be his duty to compel the delivery of the funds to the com- 
mittee for the purpose of counting the same, by mandamus or 
attachment. 



Acts 1S72, 
p. 46. 



Acts 1S72, 
p. 46. 



Acts 1SS7, 

p. 102. 
§1149. 



§842. (§838.) Powers of appointees. The person or persons so ap- 
pointed to inspect and examine shall have power to take full control 
of the offices, papers, books, records, accounts, and vouchers of the 
several different offices, to compel the attendance of witnesses, hear 
evidence in regard to fraud, and the non-performance of official 
duty, and the improper disbursement of the county funds. 

§843. (§839.) Production of books, etc. If any of such officers re- 
fuses to produce the papers, books, records, accounts, and vouchers, 
it shall be the duty of the judge of the superior court of the county, 
upon evidence being adduced, to enforce the provisions of this and 
the two sections that precede it, by mandamus or attachment, as the 
case may require. 

§844. (§840.) Inspection of county jails. Grand juries shall care- 
fully inspect the sanitary condition of the jails of their respective 
counties, at each regular term of the superior court, and shall make 
such recommendations to the ordinaries in their general present- 
ments as may be necessary to provide for the proper heating and 
ventilation of such jails, which recommendations the ordinaries shall 
strictly enforce. Said juries shall also make such presentments as 
to general sanitary condition of the jails, and the treatment of the 
inmates, as the facts may justify. 

§845. (§841.) Grand jury to inspect public buildings, etc. It is 

the duty of the grand jury to inspect all the public buildings and 
other property of the county, and the county records, and to report, 
in their general presentments, their condition ; and if they report 
that the ordinary has failed to comply with the law touching the 
same, it is the duty of the solicitor-general of the circuit to com- 
mence proceedings against him, that he may be compelled so to do, 
if he does not in good faith comply by the next term of the superior 
court. 

§846. (§842.) Exhibit from solicitor and clerk. Upon application 
of the ordinary, the grand jury may, at any term, require an exhibit 
from the solicitor-general and clerk, showing the disposition of all 
money arising from fines, and the present state of their accounts. 

§847. (§843.) Grand jury to examine lists and ballots. The grand 
jury shall examine the lists of voters, and if any voter is found 
thereon who was not entitled to vote, they shall present him. If any 



171 SUPERIOR COURTS. §§848-850 

The grand jury. 



person is suspected of voting for members of the General Assembly 
who was not entitled, but was entitled to vote for some other candi- 
date at the same election, the foreman of the grand jury may exam- 
ine the ballot, and that one alone, and lay it before the grand jury, 
and return it. If the superintendents fail to return, as required, the 
lists and the ballots, they must be presented. 

§848. (§844.) Duty of officer and grand jury when exceution of^cts^isos, 
sentence is obstructed. Whenever any person shall hinder, obstruct, 
or interfere wdth the sheriff or other officer, as prohibited in section 
312 of this Code, the officer so interfered with shall make out a list of 
the persons so offending and present them to the grand jury of the 
county having jurisdiction, at the next term of the superior court 
thereof, together with all information necessary to acquaint the 
grand jury with the details of the transaction. Any sheriff or con- 
stable who shall fail to comply with the duty hereby imposed may 
be suspended and his office be declared vacant by the Governor, 
whenever it shall appear from the presentments of the grand jury 
that the offense defined in said section has been committed in the 
county and no report thereof made by the sheriff or constable, as 
the case may be. 

§849. Duty of grand jury. It shall be the duty of the grand juries 
in all counties to investigate the facts and make presentment of the 
matters and things in the preceding section referred to, in all cases 
where lawless conduct has so hindered or interfered with the order 
or sentence of any court in the county, and the clerk of court shall 
immediately transmit a copy of such presentments to the Governor. 

§850. (§846.) Special charges to the grand jury. The judge of the 
superior court shall, at each term of said court in every year, give 
specially in charge to the grand jury the law as to : 

Gaming, sections 389, 391, 392, 393, and 394. 

Forestalling, regrating, and engrossing, section 707. 

Carrying deadly Aveapons, section 347. 

Vending near camp-grounds, section 423. Acts 1871-2, 

Interfering with religious worship, section 412. 1S71-2. p. 55. 

Requiring railroads to furnish water and light on trains, sections 
529-531. 

Illegal sale of narcotic drugs, section 459, 

Duty of clerks to record papers, section 4891 of the Civil Code. 

Requiring officers to make inventories of public property, sec-iss2-3, p. 126. 
tions 310-315 of the Civil Code. 

Requiring tax-collector to lay before the grand jury returns of 
special taxes collected, section 1218 of the Civil Code. 



§§851,852 SUPERIOR COURTS. 172 



Special juries. 



1SS7, p. 102. Inspection of jails, section 844. 

1S95, p. 69. Obstructing officers in executing sentence, sections 312, 348. 

1890-1, p. 204. Requiring grand jurors to examine pension rolls, section 1496. 

At each fall term he shall charge as to : 
i89o-i' ^' 80^* Requiring grand jurors to fix the pay of jurors and court-bailiffs 

in the superior courts and jurors in the city courts, section 876. 
""^109' ^^' ^^^' Requiring tax-receivers to lay their returns before the grand jury, 
sections 1198 and 1199 of the Civil Code. 

"When necessary, he shall call the attention of the grand jury to 
the duties required of ordinaries in sections 385-389, 396, 399, and 
400 of the Civil Code, and to violations of sections 250 and 251, as 
to issuing unauthorized currency. 

And in counties where such institutions are located, he shall 
charge the law as to : 
1881-5, p. 63. Issuing unlawful diplomas by medical colleges, sections 462, 
463 ; and 

Protection of inmates of private insane asylums, sections 574, 
575 ; and sections 1624-1627 of the Civil Code. 
Protection of game and fish, sections 586-594. 
Protection of birds, section 594. 

At the first session after an election, publication of campaign ex- 
penses, section 671. 

§851. (§847.) Publication of grand jury presentments. Grand 
juries are authorized to recommend to the court the publication of 
the whole or any part of their general presentments, and to prescribe 
the manner of such publication ; and when such recommendation is 
made, the judge shall order the publication as recommended, rea- 
sonable charges therefor to be paid out of the county treasury, upon 
the certificate of the judge, as other court expenses are now paid. 



1892, 


P- 


110. 


1903, 


p. 


100. 


1903, 


P- 


98. 


1908, 


P- 


63. 


Acts 1889, 
p. 156. 



ARTICLE 8. 
Special Juries. 



Acts 1884 5, §852. (§848.) How special juries may be selected. All special 
juries provided for by law may, in the discretion of the judge, be 
selected from either the grand or traverse jury, or both, and shall be 
stricken in the presence of the court in the following manner : The 
clerk shall furnish a list of the grand jurors present and then im- 
paneled, from which the parties or their attorneys may strike out 
one alternately, until there shall be but twelve left, who shall be 
forthwith impaneled and sworn as special jurors; in cases of ap- 



173 SUPEEIOR COURTS. §§853-857 



The petit jury. 



peal by consent, the plaintiff shall strike first, and in all other cases 
the appellant shall strike first, and should either party fail or refuse 
to strike such special jury after being notified or required so to do, 
the presiding judge shall, in behalf of the party so failing or refus- 
ing to strike, proceed in the same way and manner as if the party 
failing or refusing were striking said special jury in person or con- 
senting to the same. 

§853. (§849.) Oath of special jurors. The oath prescribed forJ^g^^J; ^^i- 
petit jurors shall be the oath of special jurors. 



ARTICLE 9. 
The Petit Jury. 



§854. (§850.) Trial by jury. The right of trial by jury, except const., 
where it is otherwise provided in the Constitution, shall remain in- is, par. i. 
violate; but the General Assembly may prescribe any number, not 
less than five, to constitute a trial or traverse jury in courts other 
than the superior or city courts. 

§855. (§851.) Qualification. The General Assembly shall provide const., 
by law for the selection of the most experienced, intelligent, and up- is, par. 2. 
right men to serve as grand jurors, and intelligent and upright men 
to serve as traverse jurors. Nevertheless the grand jurors shall be 
competent to serve as traverse jurors. 

§856. (§852.) How selected, drawn, and summoned. Petit juries ^^^^^^^'^^Q- 
are selected, and their names placed in a box, as provided in sections ^^69, pp. 139, 
819 and 820 ; and at the same time, and in the same manner that grand §^27. 
juries are drawn, the judge shall draw out of the same apartment of 
the jury-box thirty-six names to serve as petit jurors for the trial of 
civil and criminal cases ; and such petit jurors are summoned in the 
same manner as is provided in this Code for summoning grand 
jurors. 

§857. (§853.) Panels, how made. The judges of the superior^p%J^^^' 
courts, at each term, shall, from the petit jurors, have made up two 
panels of twelve jurors each, which shall be known and distinguished 
as panels ''number one" and "number two ;" all cases in said courts 
shall be tried by one or the other of said panels, if the parties can 
agree upon a panel. If the parties can not agree upon a panel, the 
clerk shall furnish the parties or their attorneys a list of both pan- 
els, from which the parties or their attorneys may strike alternately 



§§858-862 SUPERIOR COURTS. 174 

The petit jury, 

until there shall be but twelve left, which shall constitute the jury 
to try the case. In all cases the plaintiff shall have the first strike. 

^^t«^is78 9, ^358 (§854.) Parties entitled to full panels. In civil cases and 
cases of misdemeanors in the superior court, each party may demand 
a full panel of twenty-four competent and impartial jurors from 
w^hich to strike a jury, and when one or more of the regular panel of 
traverse jurors is absent, or for any reason disqualified, the presid- 
ing judge, at the request of counsel for either party, shall cause the 
panel to be filled by tales jurors to the number of twenty-four, before 
requiring the parties, or their counsel, to strike a jury. 

15 Ga. 39. §859. (§855.) Challenge for favor. In a civil cause it is good 

cause of challenge that a juror has expressed an opinion as to which 
party ought to prevail, or that he has a wish or desire as to which 
should succeed. 

Acts^i869, §860. (§856.) Oath of petit jurors. Each panel of the petit jury 

§^^^- shall take the following oath: ''You shall well and truly try each 

cause submitted to you during the present term, and a true verdict 
give, according to the law as given you in charge, and the opinion 
you entertain of the evidence produced to you, to the best of your 
skill and knowledge, without favor or affection to either party, 
provided you are not discharged from the consideration of the case 
submitted. So help you God." 



Cobb, 842. 
Acts 1869, 



§861. (§857.) Juries to try misdemeanors. For the trial of mis- 
p. 141. demeanors, the solicitor and the accused may select either panel of 

the petit jury. If they can not agree upon a panel, the court shall 
have a panel made up of the twenty-four petit jurors in attendance, 
of which the accused shall have the right to challenge seven peremp- 
torily, and the State five. The remaining twelve shall constitute 
the jury. 

Acts 1869, §862. (§858.) Jury to try felonies. When any person shall stand 

1871-2, p. 42. indicted for a felony, the court shall have impaneled forty-eight 
§996. jurors, tw^enty-four of whom shall be taken from the two panels of 

petit jurors, from which to select the jury. If the jury can not be 
made up of said panel of forty-eight, the court shall continue to 
furnish panels, consisting of such number of jurors as the court, in 
its discretion, may think proper, until a jury is obtained. In making 
up said panel of forty-eight jurors, or successive panels of any num- 
ber, the presiding judge may draw the tales jurors from the jury- 
boxes of the county and order the sheriff to summon them, or he 
may order the sheriff to summon tales jurors from among persons 
qualified by law to serve as jurors. 



175 SUPERIOR COURTS. §§863-865 

• The petit jury. 

§863. (§859.) Judges may make up panels, if regular panels ca.n^^^l^^^'^^'^' 
not be had. When the regular panels of petit jurors, or either ^^^^' p- ^'^^^ 
of them, can not be. furnished to make up panels of forty-eight for 
the trial of felonies, or panels of twenty-four from which to take 
juries in misdemeanors, because of the absence of any of such panels, 
where they, or any part of them, are engaged in the consideration of 
a case, the presiding judge may cause said panels to be filled by sum- 
moning such numbers of persons, who are competent jurors, as may 
be necessary to make full the said panels ; and such panels of twenty- 
four shall be used as the regular panels of twenty-four are. The 
presiding judge may draw the tales jurors from the jury-boxes of 
the county, and order the sheriff to summon them, or he may order 
the sheriff to summon tales jurors as provided by law. 

§864. (§860.) Juries for city courts, how selected. It shall be p. 35. ' 
the duty of the clerk of any city court, the judge of w^hich is com- 
missioned by the Governor of this State, and the civil jurisdiction 
of which does not extend beyond the limits of the city where such 
court is held, to select, from the grand-jury list and the traverse-jury 
list of the superior court of the county in which such city court is 
located, the names of all grand jurors and traverse jurors who reside 
within the corporate limits of the city where such court is held, and 
to make separate lists of the same, which lists shall be kept in a con- 
spicuous place in his office, and the persons whose names are on such 
lists, respectively, shall be the grand jurors and traverse jurors of 
such city court. The clerk of such city court shall write on separate 
cards, or tickets, the name of each grand juror, and shall place the 
same in a box containing two apartments numbered ''one" and 
'''two," from which the grand jurors shall be drawn as now required 
by law ; said clerk shall write on separate cards, or tickets, the name 
of each traverse juror, and shall place the same in the jury-box, or 
other similar box now in use, from which the traverse jurors shall 
be drawn as now required by law; and for such services the clerk 
shall have a reasonable compensation to be allowed by the judge. 



§865. (§861.) Drawing and selecting jurors in city courts. All p 
laws with reference to the drawing or selecting of jurors in the supe- 
rior courts shall be held to apply, so far as they are applicable, to 
said city courts. But no general law prescribing the compensation 
of jurors, or the manner of fixing the same, shall apply to said city 
courts, unless they are especially referred to and included in the Act. 



Acts 1878-9, 



35. 



§§866-870 



SUPERIOR COURTS. 



176 



Special provisions as to juries. 



Acts 1871-2, 
p. 48. 
1884-5, p. 41. 



Acts 1869, 
p. 141. 
1884-5, p. 63. 



Acts 1869, 
p. 141. 



ARTICLE 10. 

Special Provisions as to Juries. 

§866. (§862.) Juries to be drawn for each week. When the supe- 
rior court is held for longer than one week, the presiding judge shall 
draw separate panels of petit jurors for each week of the court. 
He may also draw separate panels of grand jurors for each week, if, 
in his opinion, the public interests require it. 

§867. (§863.) Tales jurors, when summoned. When from chal- 
lenge or from any other cause there are not a sufficient number of 
persons in attendance to complete the panel of grand jurors, or 
either panel of petit jurors, the judge may in his discretion draw the 
tales jurors from the jury-boxes of the county, and order the sheriff 
to summon the jurors so drawn, or the sheriff or his deputy to sum- 
mon persons qualified, as required by this Code, sufficient to comr 
plete the panel ; and when the sheriff or his deputy is disqualified to 
summon talesmen, they may be summoned by the coroner, or such 
other person as the judge may appoint. 

§868. (§864.) Delinquent jurors. If any person shall be drawn as 
a juror and duly summoned to appear as such at court, or if any 
person shall be summoned as a tales juror and shall neglect or re- 
fuse to appear, or if any juror shall absent himself without leave of 
the court, the court may fine such person in a sum of not more than 
forty dollars, unless he shall show good and sufficient cause of ex- 
cuse, on oath, filed in the clerk's office of such court within thirty 
days after the opening of said court ; the merits of which excuse 
shall be determined by the next succeeding court. 

§869. (§865.) Term of service. No person shall be compellable to 
serve on the grand or petit jury of the superior court, or on any jury 
in other courts, exceeding four weeks in any year. Nor shall he be 
allowed to serve on the petit jury of the superior court, or as tales 
juror in any criminal cause, or on any jury in other courts, exceed- 
ing four weeks in any one year, unless actually engaged upon the 
trial of a cause when the four weeks expire, in which case he shall 
be discharged as soon as the cause is decided. 

^p.*99!^^^^' ^^"^^^ (§S^^-) Term of service by tales jurors. No person shall be 
1884-5, pp. 90, competent or compellable to serve as a tales juror upon the traverse 

jury in the superior court more than two weeks at any one term. 

The provisions of this section shall not apply to any person regularly 

drawn for jury duty, nor to jurors actually engaged in the trial of a 

case at the expiration of the two weeks. 



Acts 1872, 
p. 15. 



177 SUPEEIOR COURTS. §871 



Special provisions as to juries. 



§871. (§867.) Persons exempt from jury duty. The following 
persons shall be exempt from all jury duty, civil and criminal : 

Ministers of the gospel, engaged regularly in discharging minis- "^p^^lg^^"^^- 
terial duties. i^^^V, p. i7i. 

All physicians and apothecaries in the practice of their profession, J^J^;gP-p^^^^^ 
except as provided in Civil Code, sections 3092 and 3105. 

Schoolteachers engaged in teaching school. ists-o, p. i7i. 

Millers and ferrymen engaged in their occupation. ^^^^' p- ^^• 

All railroad employees whom the superintendent of a railroad ^g^g^^^/^gs^"^^' 
shall certify to the judge are necessary and are actually engaged iniy^g-gyp^^iTi. 
the work of running railroad-trains. 

All male persons over sixty years old. i878-9?'p^^i7i. 

All telegraph operators. 1878-9%^^] ri. 

And officers and members of each fire company in this State, to^gj^"^' pp- ^'^• 
the number of twenty-five, doing active duty as firemen, whose ^^''^^^' p- ^'^^• 
names shall be filed in the office of the clerk of the superior court 
by the secretary of such company, on or before the first day of 
January of each year. 

Clerks connected with the several State departments at the capitol.^^^^' p- ^^• 

Persons employed at the State Sanitarium. ^^'^^' p- ^^• 

Dentists in the actual practice of their profession. isoJ^^p.^iio?^"' 

Regularly licensed pilots in this State, together with one boat-^^^^"^' ^" ^^^' 
keeper for each pilot boat, actually engaged in the regular manage- 
ment of their boats. 

The members of the various police forces and town marshals of the"*^^^^'^' ^" ^^' 
several cities and towns in this State, while so employed on such 
police forces. 

All telegraph-line repairers actually engaged in repairing tele-^^^^-^' p- i^^. 
graph-lines. It shall be necessary for them to produce to the court 
the certificate of the manager or superintendent of the telegraph 
company, that they are line-repairers and actually engaged in re- 
pairing telegraph-lines. 

Regularly licensed stationary engineers in this State actually en- I'^^o-^'^g ^20 
gaged in the regular management of engines at their place of occu- 
pation. 

Railway postal clerks. ^^^^' ^- ^^• 

The special pay members of any company of the volunteer forces ^g^^"^' ^^- ^^ 
of the State, whose certificates of membership, signed by the com- 
pany commander and attested by the first sergeant, when produced 
in any court, shall be evidence of the right to the exemption. 

All licensed embalmers who are actually engaged in the practice ^^^^' p- ^^^• 
of embalming. 

Nothing herein contained shall be construed to work a disqualifi- 



§§872,873 SUPERIOR COURTS. 178 



Special provisions as to juries. 



cation of any of the classes named, or to exclude them from the jury- 
box. 

Acts^is73. §872. (§868.) Jury-box or list, how supplied when destroyed. 

1880-1, p. 116 "When the jury-list and jury-box, or either, shall be lost or destroyed 
between the time of drawing juries and the beginning of the term 
for which such drawing was made, or before the service of the pre- 
cepts on the persons named therein, the judge of the circuit in which 
such loss or destruction occurs shall, immediately on being in- 
formed thereof, issue an order to the jury commissioners of the 
county to meet at the county-site and prepare a list of citizens 
eligible to serve as jurors under the Constitution of the State, which 
list shall contain the names of not less than two thirds of the 
''upright and intelligent" citizens of the county, and from this list 
they shall select a sufficient number, not exceeding two fifths of the 
whole, taking for this purpose the names of the most experienced, 
intelligent, and upright citizens, and, from the list so selected, shall 
at once proceed to draw thirty names of persons to serve as grand 
jurors at the next term of the court ; and from the remaining three 
fifths of the names on such list shall then proceed to draw, in the 
same manner, not less than thirty-six to serve as traverse jurors at 
the next term of the court, and when such drawings have been com- 
pleted, the commissioners shall immediately make out and deliver to 
the clerk of the superior court correct lists of the grand and trav- 
erse jurors so dra^vn, and the -clerk shall at once deliver to the sher- 
iff, or to the coroner in case the sheriff be disqualified, proper pre- 
cepts containing the names of the persons drawn to serve as grand 
and traverse jurors, respectively, to be served personally, as required 
by law; and the persons so drawn and served shall, if otherwise 
eligible, be competent to serve as jurors, during the term for which 
they were drawn, without regard to the time of the preparation of 
the list, the drawing of the jurors, or the date of the service of the 
venire on the persons whose names are contained therein. 

Acts 1880 1, §873. (§869.) Precept, when lost or destroyed, how supplied. In 
case the precepts containing the names of grand and traverse jurors 
drawn for any term of the superior court, or either of such precepts, 
shall be lost or destroyed before the persons named in them, or 
either of them, shall have been served, and there shall be no record 
or official list of the names contained in the original precept so lost 
or destroyed, the jury commissioners of the county shall meet im- 
mediately on being informed of such loss or destruction, and draw 
and deliver to the clerk of the superior court, as now provided 
by law, lists of the jurors so drawn, and the clerk shall forthwith 



179 SUPERIOR COURTS. '' §§874-877 

Special provisions as to juries. 

prepare and deliver to the proper officer new precepts to be served 
personally, and the persons so drawn, listed, and served shall, if 
otherwise competent under the Constitution of this State, be com- 
petent and compellable to serve as jurors for the term for which 
they were drawn, without regard to the date of the drawing and 
delivering of the lists to the clerk, or the date of the issuing or 
service of the precepts. 

§874. (§870.) Judge may adjourn court and have jurors drsivm.-^^^^ ^^^^-^^^ 
If juries shall not have been drawn for any regular term of the 
superior court, and there is not time sufficient for drawing and sum- 
moning jurors to serve at such regular term, the judge of the supe- 
rior court for the county in which such failure has occurred may, 
by order passed at chambers, adjourn such court to another day, and 
require the requisite number of grand and traverse jurors to be 
summoned, and may enforce their attendance at such adjourned 
term. 

§875. (§871.) Juries in special emergencies. Whenever the ses-^p^^lj^^"^^* 
sion of any court of record shall be prolonged beyond the week or 
period for which juries were drawn at the close of the preceding 
term, or the judge anticipates that the same is about to be so pro- 
longed, or from any other cause such court has convened or Is about 
to convene, and there have been no juries drawn for the same, the 
judge shall, in the manner prescribed for drawing juries at the close 
of the regular term, draw such juries as may be necessary, and 
cause them to be summoned. 

§876. (§872.) Compensation of jurors, and court-bailiffs. The first A<tys9oi, 
grand jury impaneled at the fall term of the superior courts of the 
several counties shall fix the compensation of jurors and court- 
bailiffs in the superior courts of such county for the next succeeding 
year, such compensation not to exceed the sum of two dollars per 
diem ; and the same compensation shall be allowed to the jurors of 
the several city courts in this State as is allowed to the jurors of 
the superior courts of the county in which such city court may be 
located ; and all laws, whether general or local, in conflict with the 
provisions of this section are hereby repealed. 

The pay of tales jurors shall be the same as regular traverse ^p'^^^^^^^' 
jurors, and there shall be no distinction in the pay of tales and 
regular jurors. 

§877. Jurors paid from county treasury, when. All jurors sub-^^^s 1&07, 
poenaed by the ordinary of any county of this State, and who do 
actual service as jurors in any cause or action in which the county is 



§§878-88J: 



SUPERIOR COURTS. 



180 



Special provisions as to juries. 



interested, shall each receive from the county treasury of said 
county, upon warrant of the ordinary, one dollar per diem. 



Acts 1878-9, 
p. 90. 



Acts 1890-1, 
p. 225. 



Cobb, 550. 



Acts 1863-4. 
pp. 72, 73. 



Apts 1874, 
p. 45. 

1875, p. 96. 



Cobb, 553- 
554. 

1887, p. 33. 



Cobb. 554. 
Acts 1859, 
p. 52. 
1S84-5, p. 43. 



§878. (§873.) Compensation where no grand jury is impaneled. 

If in any county no grand jury should be impaneled in the fall of any 
year, then, as to such county, the compensation provided for in the 
preceding section shall remain as fixed by the grand jury of the 
preceding year. 

§879. (§874.) Pay of jurors who appear, but not sworn. The 
grand and petit jurors who are drawn on the regular panel, and 
who appear in answer to the summons, shall receive compensation 
for the day of their appearance, though they may not be sworn. 

§880. (§875.) On failure of court. Whenever there shall be a fail- 
ure of the superior court, in consequence of the non-attendance of 
the judge, or other cause, the jurors summoned for such court shall 
stand over to the next succeeding term, in the same manner as suitors 
and witnesses do. 

§881. (§876.) Jurors when counties are interested. All inhabi- 
tants of counties, who are competent jurors in other cases, are com- 
petent jurors in any case, when such counties are parties to the 
suit or interested therein in their capacity as corporations or quasi 
corporations. 

§882. (§877.) Who are competent jurors. Being a citizen or resi- 
dent of a municipal corporation shall not render a person incompe- 
tent to serve as a juror in cases in which such municipal corporation 
is a party or interested. 

§883. (§878.) Oath of bailiffs taking charge of juries. The follow- 
ing oath shall be administered to all bailiffs on duty in the superior 
court, to wit: ''You shall take all juries committed to your charge 
during the present term to the jury-room, or some other private and 
convenient place, where you shall keep them without meat or drink 
(water excepted), unless otherwise directed by the court. You shall 
make no communication with them yourself, nor permit any one to 
communicate with them, except by leave of the court. You shall 
discharge all other duties which may devolve upon you as bailiff, to 
the best of your skill and power. So help you God. ' ' 

§884. (§879.) Refreshments. When the jury is confined in the 
investigation of a case for a length of time which exposes them to 
hunger and cold, the court may, on application from such jury, 
direct them to be furnished with such refreshments as the presiding 
judge may deem proper; and the judge shall draw his warrant 



181 SUPERIOR COURTS. §§885-888 

Children's courts established as branches of the superior court. Their jurisdiction, etc. 

on the officer whose duty it is to audit claims against the county 
where the investigation is had, who shall order the same paid out of 
any funds on hand. The judge may also allow the jury fire if the 
circumstances require it. This section shall not repeal any local 
law on this subject. 



ARTICLE 11. 



Children's Courts Established as Branches of the Superior Court. 

Their Jurisdiction, Etc. 

§885. How this Article shall be construed. This Article shall begets iqos, 
liberally construed, to the end that the care, custody, and discipline 
of the children brought before the court shall approximate as nearly 
as possible that which they should receive from their parents, and 
that as far as practicable they shall be treated, not as criminals, but 
as children in need of aid, encouragement, and guidance. Proceed- 
ings against children under this Article shall not be deemed to be 
criminal proceedings, except where the child is committed to trial 
according to law. 

§886. Children's courts, how established. Children's courts may 
be established in any county of this State by the concurrent recom- 
mendation of two successive grand juries at different terms of court. 

§887. Presiding officer. The judge of any superior court may pre- 
side over such court. Whenever he is absent from the county, or 
the business of the superior court shall, in the opinion of the judge, 
need his attention in preference to the children's court, the judge of 
any city court of the county may preside in the children's court, 
with all the powers and rights of the judge of the superior court 
under this Article. 

§888. Jurisdiction. The court shall have jurisdiction within the 
county of its creation. It shall have all of the jurisdiction, author- 
ity, and powers vested in the superior courts or the judges thereof, 
for the purposes of enforcing the provisions of this Article, and the 
said court shall have jurisdiction over such other matters as may 
come before it under this Article. All the provisions of law which 
relate to the rights, duties, and liabilities of parties under proceed- 
ings herein shall, as far as they may be appropriate, apply to said 
court, and to the parties and proceedings therein, except as herein 
otherwise provided. The presiding officer shall hear and determine 
complaints, informations, applications, and cases under this Article, 
and shall have complete, original, and exclusive jurisdiction to deal 



§§889-893 SUPERIOR COURTS. 182 

Children's courts established as branches of the superior court. Their jurisdiction, etc. 

with every aspect of the case concerning the child, whether it in- 
volves the parent, the child, or other person. 

§889. Proceedings. The proceedings shall conform as nearly as 
may be to the procedure in other cases. The hearing shall be, as far 
as practicable, private. Proceedings in the nature of motions for 
new trials, or bills of exceptions, from any determination, convic- 
tion, or order of the court, may be taken by the child, or by the par- 
ent or guardian on behalf of and in the name of the child. 

§890. Jury trials. In trials under this Article, the child informed 
against, or any person legally interested in such child, shall have the 
right to demand a trial by jury, which shall be granted thereupon. 
In the absence of such demand, no trial by jury shall be necessary : 
Provided, however, the judge of his own motion may call a jury to 
try any such case. 

§891. Definition ' ' delinquent child, " " wayward child. ' ' The term 
*' delinquent child" shall be construed to mean any boy or girl under 
sixteen years of age who violates any city ordinance, or commits any 
offense against any public law of this State, not punishable by death 
or by imprisonment for life. The words ''wayward child" shall be 
construed to mean any boy or girl under sixteen years of age who 
habitually associates with vicious or immoral persons, or who is an 
inmate of or frequents a brothel or bawdy house, or who is growing 
up in circumstances exposing him or her to lead an immoral, vicious, 
or criminal life. 

§892. Proceedings against children, how instituted. Any ordi- 
nary, recorder, or judge of a superior or city court may upon oath 
being made before him by a probation or police officer, or any citi- 
zen, that having made due inquiry he believes any child to be a 
delinquent or wayward child, issue his summons for the appearance 
of such child before the children's court, or in the first instance issue 
his warrant directing such child to be apprehended. Any policeman, 
or other officer authorized by such judge, ordinary, or recorder, may 
apprehend any child for whose apprehension any warrant has been 
issued. 

§893. Detention-room, matron, and bail. It shall be the duty of 
the county commissioners, or other authority having control of 
county matters when requested so to do by the judge, to provide 
and maintain a detention-room, or house of detention, separated 
from the jail, to be in charge of a matron, or other person of good 
moral character, wherein all children apprehended under the pro- 
visions of this Article shall when necessary be incarcerated. Such 



183 SUPERIOR COURTS. §§894-897 

Children's courts established as branches of the superior court. Their jurisdiction, etc. 

children apprehended may be released upon bail, with or without 
sureties, and shall not be incarcerated unless this is necessary to se- 
cure their attendance at the hearing. 

§894. The trial; attorney may be appointed. When any child is 
brought before the court as a delinquent or wayward child, the court 
may thereupon hear and determine the matter. The court may 
appoint an attorney to represent such child. In all cases the child 
or any one interested in such child shall have the opportunity to 
submit evidence in its behalf. 

§895. Sentence. If, on the hearing, the court finds that a child is a 
delinquent or wayward child, it may : release the child on probation 
upon such terms and conditions, and for such period of time, as the 
court may think fit; or commit the child for such period of time as 
the court may think fit, ^either to an institution or to the care of 
some person who is willing to undertake such care ; or, if such child 
is over ten years of age, commit the child to take his trial according 
to law. In the event such child is convicted of an offense not punish- 
able by death or imprisonment for life, the court may: release the 
child on probation upon such terms and conditions and for such 
period of time as the court may think fit ; or commit the child, for 
such period of time as the court may think fit, either to an institu- 
tion or to the care of some person who is willing to undertake such 
care; or sentence the child according to law. In addition to such 
sentence for the offense, the court may commit the child, at the ex- 
piration of such sentence, to the Georgia State Reformatory ; or may, 
instead of any other sentence, commit the child forthwith to the Re- 
formatory. 

§896. Probation and subsequent control. If a child who has been 
released on probation breaks the terms or conditions of the release, 
or if it appears to the court that it is to the best interest of such 
child to take the same away from any person or institution to whose 
care such child has been committed, the child may again be brought 
before the court and dealt with under the provisions of this Article, 
just as if it had not been released or committed. 

§897. Ill treatment of child or interference with sentence. Any §§112, ns. 
person, who ill treats or injures any child committed to any person 
or institution ; or who causes or attempts to cause such child to be 
illegally withdrawn or abscond from any such institution or person ; 
or who, knowing such child to have been so withdrawn or absconded, 
harbors or conceals such child so as to prevent him or her from 
returning to such institution or person, shall, when convicted, be 



§§898-901 SUPERIOR COURTS. 184 

Attorney-general. 

liable to a penalty not exceeding one hundred dollars, or to be 
imprisoned in the common jail for a period not exceeding six months. 

§898. Regulations prescribed by judge of the superior court. The 

judge of the superior court of the county may make regulations : 
for the visitation and inspection of the institutions and places where 
children are placed under this Article; for the employment, educa- 
tion, discipline, and punishment of children dealt with; for the 
appointment of a deputy solicitor-general, when in the discretion 
of the judge this shall be necessary in order to secure the best 
results ; for the appointment of a probation officer and such officers 
of the children's court as the court may think necessary in order to 
carry out the provisions of this Article ; prescribing the duties of the 
officers employed in the administration of this Article ; for carrying 
this Article into effect ; for the imposition of a penalty not exceeding 
one hundred dollars for the breach of any regulation under this 
Article. 

^12167?°^^' §899. Females eligible to office. Females, residents of the county 

for four years preceding, may be appointed to hold any office by 
virtue of this Article. 

§900. Salaries of officers. The judge of the superior court of the 
county shall fix the compensation of the deputy solicitor-general, the 
probation officer, and any other officers employed in the carrying 
out of this Article. All salaries and other expenses provided for 
under this Article shall be paid out of the county treasury, upon 
the certificate of the judge of the superior court, as other court ex- 
penses are now paid. All sums for costs, fines, forfeitures, or other- 
wise shall be paid into the county treasury. 



ARTICLE 12. 
Attorney-general. 

Const., §901. (§880.) Duties. It is the duty of the attorney-general to 

Art. 6, sec. , 

10, par. 2. act as the legal adviser of the Executive Department, to represent 
the State in the Supreme Court in all capital felonies, and in all 
criminal and civil cases in any court when required by the Governor, 
and to perform such other services as shall be required of him by 
law. 



385 PEOCEEDINGS TO COMMITMENT, INCLUSIVE. §§902-904 



Proceedings prior to arrest. 



PROCEEDINGS TO COMMITMENT, 

INCLUSIVE. 



ARTICLE 1. 
Proceedings Prior to Arrest. 

§902. (§881.) Governor may offer rewards for the arrest of felons. Acts 1872, 
The Governor shall, in his discretion, offer, and cause to be paid, re-isis, p. 104. 

. . „ r. 1878-9, 

wards for the detection or apprehension of the perpetrator of any pp. i65, lee. 
felony committed within this State, such reward not to exceed the • 
sum of two hundred and fifty dollars in case of felonies not capital, 
and not to exceed the sum of five hundred dollars in capital fel- 
onies; but no such reward shall be paid to any officer who shall 
arrest such person in the regular discharge of his duty, by virtue 
of process in his hands to be executed, nor to any person who has 
arrested the offender previously to the publication of the reward. 
And whenever he receives reliable information that any gin-house 
in this State has been unlawfully burned, or set on fire, he shall 
offer a reward of not less than two hundred and fifty dollars, nor 
more than five hundred dollars, for the apprehension of the incen- 
diary with proof sufficient to convict, and in no event shall the 
reward be paid until after the conviction of the offender. 

§903. (§882.) Who may issue warrants. Any judge of a superior, §^89 (2). 
city, or county court, or justice, or any corporation officer clothed 
by law with the powers of a justice, may issue his warrant for the 
arrest of any offender against the penal laws, based either on his 
own knowledge or the information of others given to him under oath. 

§904. (§883.) What affidavit and warrant must state. An affidavit -^cts isese, 
made, or warrant issued, for the arrest of an offender against the 
penal laws shall state, as nearly as practicable, the following facts, 
to wit : The offense, the county in which the same was committed, 
and the time when committed; and when the offense charged is 
larceny, the ownership of the property alleged to have been 
stolen, or the person from whose possession it was taken, shall, as 
far as practicable, be stated in the affidavit and warrant. 



§§905-910 PROCEEDINGS TO COMMITMENT, INCLUSIVE. 186 



Proceedings prior to arrest. 



§905. (§884.) Form of affidavit. An affidavit substantially com- 
plying Avith the following form shall, in all cases, be sufficient : 
Georgia, County. 

Personally came A. B., who on oath saith that, to the best of 

his knowledge and belief, C. D. did, on the day of , in the 

year , in the county aforesaid, commit the offense of 

and this deponent makes this affidavit that a warrant may issue for 
his arrest. A. B. 

. Sworn to and subscribed before me, this the day of , 18 

, J.' P. 

§906. (§885.) Form of warrant. The following form may be used 
for a warrant, a substantial compliance with which shall be deemed 
sufficient : 

Georgia, County. 

To any sheriff, deputy-sheriff', coroner, constable, or marshal of said 

State — Greeting : 

A. B. makes oath before me that on the day of , in the 

year , in the county aforesaid, C. D. did commit the offense 

of . You are therefore commanded to arrest the body of the 

said C. D., and bring him before me, or some other judicial officer 
of this State, to be dealt with as the law directs. You will also levy 
on a sufficiency of the property of said C, D. to pay the costs in the 
event of his final conviction. Herein fail not. 

, J. P. 

§907. (§886.) Special warrant. No judicial officer, except a judge 
of the superior court, shall issue a special warrant returnable only 
before himself; nor shall any judge issue such warrant out of his 
own judicial circuit. In such cases the warrant, though special, shall 
be treated as a general warrant. 

§908. (§887.) Officer may require bond to prosecute. The officer 
issuing a warrant upon any sufficient grounds of suspicion may re- 
quire the applicant first to file a bond, with sufficient sureties, to 
prosecute the suit in the event of a committal. 

Acty865 6, ^909, (§888.) Issued in any county, and executed without backing. 
A warrant may be issued in any county, though the crime was com- 
mitted in another; and a warrant once issued may be executed in 
any county, without being backed or endorsed by a judicial officer 
upon its being carried from one county to the other. 

Acts^i8789, ^910. (§889.) Arrests for cruelty. Upon complaint on oath or 

5^^^- affirmation, to any magistrate authorized by law to issue warrants in 

criminal cases, that the affiant has just and reasonable cause to sus- 



187 PROCEEDINGS TO COMMITMENT, INCLUSIVE. §§911-916 



Arrest. 



pect that any of the provisions of law for the prevention of cruelty 
to animals are being violated, or are about to be violated, in any par- 
ticular building or place, such magistrate shall immediately issue 
and deliver a warrant to any one authorized by law to make arrests 
in criminal cases, authorizing and requiring him to enter and search 
such building or place and to arrest any person there present, found 
violating any of said laws ; and to bring such person before the near- 
est or most accessible magistrate of competent jurisdiction, to be 
dealt with according to law. 



ARTICLE 2. 
Arrest. 



§911. (§890.) Privilege of electors. Electors shall in all cases,^^^^*- 
except for treason, felony, larceny, and breach of the peace, be privi- ^' p^r. i. 
leged from arrest during their attendance on elections, and in going 
to and returning from the same. 

§912. (§891.) Privilege of members of the legislature. The mem-<^o°f' 
bers of both houses shall be free from arrest during their attendance '^' p^^- ^■ 
on the General Assembly, and in going thereto or returning there- 
from, except for treason, felony, larceny, or breach of the peace. 

§913. (§892.) Privilege of militiamen. The members of the volun-A^tyssi-s, 
teer forces shall, in all cases, except treason, felony, or breach of the 
peace, be privileged from arrest during their attendance at drills, 
parades, meetings, encampments, and the election of officers, and dur- 
ing the performance of any public duty as such members, and in 
going to and returning from the same. 

§914. (§893.) What constitutes an arrest. An actual touching s^ot. 
with the hand is not essential to constitute a valid arrest. If the 
defendant voluntarily submits to be considered under arrest, or 
yields on condition of being allowed his freedom of locomotion, 
under the discretion of the officer, the arrest is complete. 

§915. (§894.) Breaking open doors. In order to arrest under a 
warrant charging a crime, the officer may break open the door of any 
house where the offender is concealed. 

§916. (§895.) Arrest and posse. Every officer is bound to execute 
the penal warrants placed in his hands, and to that end he may 
summon to his assistance, either in writing or verbally, any of the 
citizens of the neighborhood or county. As the posse of such officer, 



§§917-922 PROCEEDINGS TO COMMITMENT, INCLUSIVE. 



188 



§931. 



Acts 1865-6, 
pp. 38, 39. 



Acts 1895, 
p. 34. 



Arrest. 



their acts shall be subject to the same protection and consequences 
as official acts. 

§917. (§896.) Arrest without warrant. An arrest may be made 
for a crime by an officer, either under a warrant, or without a war- 
rant if the offense is committed in his presence, or the offender is 
endeavoring to escape, or for other cause there is likely to be a 
failure of justice for want of an officer to issue a warrant. 

§918. (§897.) Selection of judge to try the cause. The arresting 
officer shall carry the prisoner before the most convenient and acces- 
sible judicial officer authorized to hear the cause, unless the prisoner 
shall desire otherwise; in which case, if there be no suspicion of 
improper motive, the arresting officer shall carry him before some 
other judicial officer. But in no case has a prisoner the right to 
select the justice before whom he shall be tried. 

§919. (§898.) Officer may make arrest in any county. An arrest- 
ing officer may arrest any person charged with crime, under a war- 
rant issued by a judicial officer, in any county of the State, without 
regard to the residence of said arresting officer ; and it is his duty to 
carry the accused, with the warrant under which he was arrested, to 
the county in which the offense is alleged to have been committed, 
for examination before any judicial officer of that county. 

The county where the alleged offense is committed shall pay the 
expenses of the arresting officer in carrying the prisoner to the 
county; and the officer may hold or imprison the defendant long 
enough to enable him to get ready to carry the prisoner off. 

§920. (§899.) Duty of officer arresting. Every officer arresting 
under a warrant shall exercise reasonable diligence in bringing the 
person arrested before the person authorized to examine, commit, or 
receive bail. 

§921. (§900.) By private person. A private person may arrest an 
offender, if the offense is committed in his presence or within his 
immediate knowledge ; and if the offense is a felony, and the offen- 
der is escaping, or attempting to escape, a private person may arrest 
him upon reasonable and probable grounds of suspicion. 

§922. (§901.) Duty of person arresting. In every case of an arrest 
without warrant, the person arresting shall, without delay, convey 
the offender before the most convenient officer authorized to receive 
an affidavit and issue a warrant. And no such imprisonment shall 
be legal beyond a reasonable time allowed for this purpose. 



189 PROCEEDINGS TO COMMITMENT, INCLUSIVE. §§923-926 

Arrest. 

§923. Arresting officer not to advise dismissal of warrant. No ^p^*|g^^^^' 
arresting officer shall advise or encourage the dismissal or settlement 
of any criminal warrant placed in his hands for execution, either 
before or after an arrest is made on the same; nor shall such ar- 
resting officer procure or encourage the dismissal or settlement of 
such warrants by threats, duress, intimidation, promises, or any 
other artifice or means. A violation of this section shall be a mis- 
demeanor. 

§924. Shall not receive costs until return of warrant. No arresting ^^^t^gis^^, 
officer shall collect or receive any costs or other charges of a prose- 
cutor or defendant in a case made on a State 's warrant, or of any one 
acting in the interest of either of them, until the warrant is returned 
to the court to which it is made returnable : Provided, however, 
nothing in this or the preceding section shall be construed as pro- 
hibiting arresting officers from receiving from prosecutors sums of 
money sufficient to defray their expenses in going beyond the limits 
of the bailiwick of such arresting officer to search for or to make the 
arrest of the offender. A violation of this section shall be a misde- 
meanor. 

§925. (§902.) Police of railroads. The conductors of a train car-^^*^ is^o-i. 

*^ ^ "^ p. 138. 

rying passengers are invested with all the powers, duties, and re- 
sponsibilities of police officers while on duty on their trains : Pro- 
vided, nothing herein contained shall affect the liability of any rail- 
road company for the acts of its employees. When a passenger is 
guilty of disorderly conduct, or uses any obscene, profane, or vulgar 
language, or plays any game of cards or other game of chance for 
money or other thing of value, upon any passenger-train, the con- 
ductor of the train may stop it at the place where such offense is 
committed, or at the next stopping-place of the train, and eject 
the passenger from the train, using only such force as may be 
necessary to accomplish the removal; and the conductor may com- 
mand the assistance of the employees of the company and of the 
passengers on the train to assist in the removal ; and the conductor 
may cause any person violating the provisions of this section, or 
the laws of this State, to be detained and delivered to the proper au- 
thorities for trial as soon as practicable. 

§926. (§903.) Police power conferred on conductors, etc. The^^J^^^^' 
conductors, motormen, and drivers of street-railroad cars are in-§^^8- 
vested with all the powers, duties, and responsibilities of police 
officers while on duty on their trains or cars, and while on duty at 
the termini of their lines : Provided, nothing herein contained shall 



§§927-930 PROCEEDINGS TO COMMITMENT, INCLUSIVE. 190 



Arrest. 



affect the liability of any railroad company for the acts of its em- 
ployees. 

§927. (§904.) Authority to eject passengers, etc. When a passen- 
ger is guilty of disorderly conduct, or uses any obscene, vulgar, or 
profane language, or plays any game of cards or other game of 
chance for money or other thing of value, or is guilty of any disor- 
derly or improper conduct tending to cause a breach of the peace, 
said conductors, motormen, and drivers are authorized to eject him 
from the cars, using only such force as may be necessary to accom- 
plish the removal, and they may command the assistance of the em- 
ployees of the company, and the passengers on such trains or cars, 
to assist in the removal, and they may cause any person who violates 
the provisions of this section, or who commits acts in violation of 
law, to be detained and delivered to the proper officers for trial as 
soon as practicable ; and said officers are authorized to exercise the 
police powers hereby conferred, at the termini also of their lines, 
while on duty either as conductors, motormen, or drivers. 

§928. (§905.) Police at place of worship, how appointed. The jus- 
tices in each militia district, in which is situated an incorporated 
church or camp-ground, shall, upon application in writing signed 
by the trustees or members of the corporation of such church, or 
camp-ground, or other incorporate place of divine worship, appoint 
three or more suitable persons to act as a police for such place of 
public worship, whose duty it shall be to apprehend all persons dis- 
turbing the congregation assembled at such place for religious 
worship, or otherwise violating the laws, and immediately carry 
them before the nearest justice, who shall issue a warrant for said 
persons, and proceed to take examination in such cases in the man- 
ner prescribed by law. 

Acts 1905, §929. Captains of steamboats given police powers. The captains 

of steamboats engaged in carrying passengers in this State are in- 
vested with all the powers, duties, and responsibilities of police offi- 
cers, while on duty on their boats, and while on duty at the termini 
of their lines : Provided, nothing herein contained shall affect the 
liability of any steamboat owner or owners for the acts of its em- 
ployees. 

§930. Duties and powers enumerated. When a passenger is guilty 
of disorderly conduct, is drunk, or uses any obscene, vulgar, or 
profane language, or is guilty of any other disorderly or improper 
conduct tending to cause a breach of the peace, the captain of such 
steamboat is hereby authorized to arrest such passenger, and either 



191 PROCEEDINGS TO COMMITMENT, INCLUSIVE. §§931-935 



Courts of inquiry, and tlie proceedings therein. 



eject him at the first point at which said steamboat lands, using only 
such force as may be necessary to accomplish such removal, and said 
officer may command the assistance of the employees of the owner of 
the steamboat and the passengers to assist in such removal, or he 
may cause any person who violates the provisions of this section, or 
who commit acts which are in violation of the laws of this State, to 
be detained, and delivered to the proper authorities for trial, as 
soon as practicable ; and said officer is authorized to exercise the 
police powers hereby conferred at the termini of his lines while on 
duty as such captain. 



ARTICLE 3. 
Courts of Inquiry, and the Proceedings Therein. 

§931. (§906.) Who may hold. Any judge of the superior or county §§^^^' '^^^' 
court, or justice, or city or town officer, who may be ex-officio justice 
of the peace, may hold a court of inquiry to examine into an accusa- 
tion against a person legally arrested and brought before him. The 
time and place of such inquiry shall be determined by him. 

§932. (§907.) Other associates. The officer before whom the ac- 
cused is brought may associate with him, in the investigation, one or 
more justices; in which event a majority shall decide all questions. 
If there are only two presiding, the original justice shall determine 
all the questions where the court is not agreed. 

§933. (§908.) Time granted parties. A reasonable time shall he^^%l^^^-^' 
given to the defendant or prosecutor for the preparation of his case, 
and in no event shall the defendant be forced to trial without the aid 
of counsel, if there be a reasonable probability of his securing coun- 
sel without too great delay. And where the cause is postponed to a 
future day at the instance of either party, or by the court, it shall 
not be necessary to commit the* defendant to jail pending the hear- 
ing; but he shall have the right to give bail for appearance at the 
hearing before said court of inquiry, if the offense is bailable under 
the authority of said court. 

§934. (§909.) Attendance of witnesses. A court of inquiry shall 
have power to compel the attendance of all witnesses resident within 
the county, after notice of twenty-four hours, and to this end may 
order their arrest. 

§935. (§910.) Evidence. The court shall hear all legal evidence §^^^^- 
submitted by either party, and shall always permit the defendant to 



§§936-942 PROCEEDINGS TO COMMITMENT, INCLUSIVE. 192 

Courts of inquiry, and the proceedings therein. 

make his own statement of the transaction (not under oath) if he 
desires to do so. The weight to be given to such statement shall be 
entirely in the discretion and sound judgment of the court. When- 
ever such statement is made, it shall be the duty of the court to 
reduce it to writing, and return it with the other papers to the proper 
court in the event of a commitment. 

§936. (§911.) Abstract of evidence. If the charge be of a felony, 
the court shall cause an abstract of all the evidence to be made and 
returned as above. 

§937. (§912.) Rule of decision. The duty of the court of inquiry 
is simply to determine whether there is sufficient reason to suspect 
the guilt of the accused, to require him to appear and answer before 
the court competent to try him ; and whenever such probable cause 
exists, it is the duty of the court to commit. 

§938. (§913.) Committing for different offense. A court of in- 
quiry may commit for a different offense than that stated in the war- 
rant, if the evidence requires it. 

§939. (§914.) Commitment. The following form, or one in sub- 
stance the same, shall be deemed a sufficient commitment: 
Georgia, County. 

A. B. having been arrested on a warrant for the offense of 

and brought before me, after heading evidence it is ordered that he 

be committed for trial for the offense of . And the jailer of 

said county (or any other county, if necessary) is required to 
receive and safely keep him until discharged by due process of law. 

Witness my hand and seal, this day of , 18 — . 

, J. P. (Seal.) 

§940. (§915.) Binding over witnesses. In the event of a commit- 
ment, the court, in its discretion, may require the witnesses, in 
behalf of the State or others, to give suitable bonds for their appear- 
ance at court, with or without sureties, as the circumstances seem 
to demand. 

Acts 1873, R941 (§916.) Names of State's witnesses to be endorsed on war- 

p. 31. "^ 2 

rant. Whenever any justice, or other judicial officer, sitting as a 
court of inquiry, shall bind over a defendant to appear at the su- 
perior court to answer any charge, it shall be the duty of such 
officer to indorse on the warrants the names of each witness for 
the State. 

^p^^lgisTs. §942. (§917.) Attendance of witness before grand jury. When 

any person accused of a criminal offense before a court of inquiry is 



193 PROCEEDINGS TO COMMITMENT, INCLUSIVE. §§943-946 

Courts of inquiry, and the proceedings therein. 

bound over, or committed for trial in the superior court, the officer 
holding the court of inquiry shall, at the time of the preliminary 
trial, give a subpoena to all material witnesses examined for the 
State, to appear and testify before the grand jury at the term to 
which the defendant is committed, or bound to appear, and after 
such preliminary trial, and commitment or binding over, the prose- 
cutor may apply to the clerk of the superior court and obtain a sub- 
poena for any person deemed by him to be a material witness for 
the State before the grand jury ; and the subpoenas issued under this 
section shall be effectual in compelling the attendance of the wit- 
nesses to appear and give evidence before the grand jury; and the 
officer holding the court of inquiry, and the clerk, shall, at the term 
of the court to which the accused is committed or bound to appear, 
furnish, on the first day of the term, the prosecuting officers of the 
State with a complete list of all persons so subpoenaed. 

§943. (§918.) Witnesses for the accused. The person accused may Acts isis,^ 
also, upon application to the committing officers, or to the clerk of 
the superior court to which he is committed or bound to appear for 
trial, obtain subpoenas for such witnesses as he may deem material 
for his defense, which subpoenas said officers shall issue, requiring 
the witnesses to appear at the term of the court to which the accused 
is committed or bound to appear, and until his case is ended ; and the 
subpoenas so issued shall have power and authority to compel the 
attendance of the witnesses at said court : Provided, that such sub- 
poenas shall not extend to witnesses for the defendant, out of the 
county, until a true bill is found against the defendant. 

§944. (§919.) Continuance refused, when. No party failing to use^^*|^^^^^' 
the means provided in the preceding sections, when within his 
power, shall be entitled to a continuance because said witnesses are 
not in attendance at the term of the court when his case is called 
for trial, if he is prosecuted for the same criminal act. 

§945. (§920.) County sending prisoner to jail in adjoining county, A^t|Qis65^, 
liable for fees. When there is no secure jail in a county, any person 
committing an offense in said county shall be sent to jail in the 
nearest county having a secure jail ; the county where the offense is 
committed shall be primarily liable for jail fees and costs, and shall 
pay the same monthly in advance, and for the purpose of raising 
funds to pay the same the ordinary may levy and collect an addi- 
tional tax. 

§946. (§921.) Jailer not bound to receive prisoner, when. No 
jailer shall be bound to receive a prisoner from another county until 



§§947-952 PROCEEDINGS TO COMMITMENT, INCLUSIVE. 194 



Courts of inquiry, and the proceedings therein. 



the jail fees and costs are provided for as set forth in the preceding 
section. 

^^^^- §947. (§922.) Bail. If bail is tendered and accepted, no regular 

commitment need be entered, but a simple memorandum of the 
fact of bail being taken. A reasonable opportunity shall be allowed 
the accused to give bail; and even after commitment and imprison- 
ment, the committing court may order the prisoner brought before 
him to receive bail. 

§948. (§923.) Waiving trial. If the party waives a hearing and 
tenders bail, a memorandum of these facts shall be entered on the 
warrant ; and this may be done by the party charged before arrest, 
and, when done, shall operate as a supersedeas. 

§949. (§924.) Disposition of papers. The commitment shall be 
delivered to the officer in whose charge the prisoner is placed, to be 
delivered with the prisoner to the jailer, and a memorandum of the 
fact entered on the warrant. The warrant and all the other papers 
shall be forwarded to the clerk of the superior court, or other court 
having jurisdiction of the crime, to be delivered to the solicitor- 
general. 

Acts 1874. §950. (§925.) Duty of justice and clerk as to costs. A justice wno 

Cobb, *644. commits a prisoner to jail, or binds him for his appearance at the 
superior or city court to answer to a criminal offense, shall make 
out a bill of the costs which may have accrued in the court below, 
and send it up with the other papers in the case; and the clerk ot 
said court shall tax said costs with the other costs which may have 
accrued in the case, in the superior or city court, as the case may 
be; and the sheriff of said county shall collect the costs due the 
justice and constable, with the other costs in the case, and pay 
them over to the officers entitled thereto. If the accused should be 
discharged for want of sufficient cause of commitment, the justice 
may, in his discretion, direct the costs to be paid by the prosecutor. 

Cobb, 856. §951. (§926.) Informality no ground of discharge. No prisoner 

shall be discharged on a writ of habeas corpus because of informality 
in the commitment, or of the proceedings prior thereto : Provided, 
the foregoing provisions of this Article have been substantially com- 
plied with. 

^^tyssoi. §952. (§927.) Municipal courts may commit offenders. Any 

mayor, recorder, or other proper officer presiding in any municipal 
court, shall have authority to bind over, or commit to jail, offenders 
against any criminal law, whenever, in the course of an investigation 



195 PROCEEDINGS TO COMMITMENT, INCLUSIVE. §953 

Courts of inquiry, and the proceedings therein. 

before such officer, a proper ease therefor shall be made out by the 
evidence. 

§953. (§928.) Officers may visit and search vessels, etc. Civil offi-^^^^- ^^i- 
cers may, at all times, visit and search all vessels, covered flats, or 
arks, and boats engaged in fishing, or trading illegally on any river, 
and cause offenders, therein found, against any of the laws, to be 
committed or bound over to answer for such offenses. 



§§954, 955 



INDICTMENT AND PRESENTMENT. 



196 



Form of indictment. When two returns of "no bill" are a bar. 



INDICTMENT AND PRESENTMENT. 



ARTICLE 1. 

Form of Indictment. 

Cobb, 833. §954. (§929.) Form of indictment. Every indictment or accusa- 
tion of the grand jury shall be deemed sufficiently technical and 
correct, which states the offense in the terms and language of this 
Code, or so plainly that the nature of the offense charged may be 
easily understood by the jury. The form of every indictment or 
accusation shall be as follows : 
^'Georgia, County. 

''The grand jurors selected, chosen, and sworn for the county 

of , to wit: , in the name and behalf of the citizens of 

Georgia, charge and accuse A. B., of the county and State afore- 
said, with the offense of ; for that the said A. B. (here state 

the offense, and the time and place of committing the same, with 
sufficient certainty), contrary to the laws of said State, the good 
order, peace, and dignity thereof." 

If there should be more than one count, each additional count 
shall commence with the following form: 

''And the jurors aforesaid, in the name and behalf of the citizens 
of Georgia, further charge and accuse the said A. B. with having 

committed the offense of (here state the offense as before 

directed) ; for that," etc. 



ARTICLE 2. 
When Two Returns of "No Bill" Are a Bar. 

Cobb, 864. §955. (§930.) Two returns of "no bill" a bar. Two returns of 

"no bill" by grand juries, on the same charge or accusation, shall be 
a bar to any future prosecution for the same offense, either under the 
same or another name, unless such returns have been procured by 
the fraudulent conduct of the person charged, on proof of which, of 
of newly discovered evidence, the judge may allow a third bill to 
be presented, found, and prosecuted. 



197 INDICTMENT AND PEESENTMENT. §956 

Special presentments treated as indictments. 

ARTICLE 3. 

Special Presentments Treated as Indictments. 

§956. (§931.) Presentments treated as indictments. All special ^^t^^i^Ts, 
presentments by the grand jury, charging defendants with violations 
of the penal laws, shall be treated as indictments. And it shall not 
be necessary for the clerk to enter such presentments in full upon 
the minutes, but only the statement of the case, and finding of the 
grand jury as in cases of indictments ; nor shall it be necessary for 
the solicitor-general to frame bills of indictment on such present- 
ments, but he may arraign defendants upon such presentments, 
and put them upon trial in like manner as if the same were bills of 
indictment. 



§§957-960 AREEST AND BAIL AFTER INDICTMENT, ETC. 198 

Bench-warrant, Bail, surrender of principal, and forfeiture of bond. 



ARREST AND BAIL AFTER INDICT- 
MENT, AND PROCESS AGAINST 
CORPORATIONS. 



ARTICLE 1. 
Bench-warrant. 



881305 {3}. 
958. 



§957. (§932.) Bench-warrant. A bench-warrant is one issued by 
a judge for the arrest of one accused of a crime by a grand jury. 
Every officer is bound to execute it within his jurisdiction, and 
every person so arrested must be committed to jail until bail is 
tendered ; any judicial officer, or the sheriff of the county where the 
accusation was found, may receive the bail, fix the amount of the 
bond, and approve the sureties, unless it be a case that is bailable 
only before some particular officer. 



Acts 1878-9, 
p. 55. 
§§310, 947. 



ARTICLE 2. 

Bail, Surrender of Principal, and Forfeiture of Bond. 

§958. (§933.) Who may take bail. Capital offenses are bailable 
only before a judge of the superior court ; and this is, in every case, a 
matter of sound discretion. All other cases are bailable by the 
committing court. 

Cobb, 862. §959. (§934.) Bail but twice. No person shall give bail more 

A.C IS Xo i o~\j^ 

p- 55- than twice before trial for the same offense, after presentment or 

indictment found. 

§960. (§935.) Bail surrendering principal. Bail may surrender 
their principal in vacation to the sheriff, or in open court, in dis- 
charge of themselves from liability, and such privilege shall con- 
tinue to the day of the term, without liability for costs for a for- 
feiture of the bond. After forfeiture, and before final judgment, the 
bail may, at any time, surrender their principal, upon payment of 



199 ARREST AND BAIL AFTER INDICTMENT, ETC. §§961-963 

Process against corporations, and mode of trial. 

all costs accruing up to that time. The death of the principal at any- 
time before final judgment shall be equivalent to a surrender. 

§961. (§936.) Proceedings to forfeit recognizances. Upon the^^^^^'i|^^8 9, 
failure to appear of any principal in any bond or recognizance given p- ^'''• 
by a person charged with a penal offense, or by a prosecutor to prose- 
cute, or by a witness to appear and testify, the prosecuting attorney 
shall proceed to forfeit such bond or recognizance in the manner 
heretofore practiced in this State. No recognizance called out of 
its regular order on the docket shall be forfeited, for the non-appear- 
ance of the principal, unless the solicitor-general or other prose- 
cuting officer shall state in his place that the State is ready for trial. 

§962. (§937.) Judgment against bail. The clerk shall issue a scire^*'^^' ^^2. 
facias on all forfeited bonds, recognizances, or other obligations, re- 
turnable to the next term of such court, against the principal and 
his sureties, which shall be served by the sheriff or his deputy, at 
least twenty days before the return thereof, or, if the party resides 
out of the county or State, scire facias may be served by publication, 
as in cases of scire facias to revive judgment. And if, at such return 
term, no sufficient cause be shown to the contrary, judgment, on 
motion, shall be entered agtinst such principal and sureties, or such 
of them as have been served. 



ARTICLE 3. 

Process Against Corporations, and Mode of Trial. 

§963. (§938.) Process against corporations, and mode of trial, ^^^^^s^' 
"Whenever an indictment or special presentment against a corpora- 
tion doing business in this State is returned, or filed in any court 
in this State having jurisdiction of the offense, the clerk of said 
court shall issue an original and copy notice to the defendant cor- 
poration of the filing of such indictment or special presentment, 
which copy notice shall be served by a sheriff upon any officer of 
such corporation to be found in his county ; and if there be no such 
officer in his county, then upon any agent of such corporation; and 
the sheriff serving such copy notice shall make an entry of such 
service on the original notice, and return the same to the court from 
which it issued, and such service shall be service upon the corpora- 
tion, and the indictment or special presentment shall, upon the re- 
turn of said notice executed as provided in this section, stand for 
trial. On the trial, if the defendant corporation fails to appear, or 



§963 ARREST AND BAIL AFTER INDICTMENT, ETC. 200 

Process against corporations, and mode of trial. 

appearing fails to plead, the judge shall cause to be entered a plea 
of not guilty, and the trial shall proceed as though the defendant 
had appeared and pleaded. Upon the conviction of any corporation 
in any such trial, there shall be rendered against it a judgment for 
the fine imposed, together with the costs of the prosecution, upon 
which judgment an execution shall issue against the property of the 
defendant. 



201 CHANGE OF VENUE. §§964-966 

When and how venue may he changed. 



CHANGE OF VENUE. 



ARTICLE 1. 

When and How Venue May Be Changed. 

§964. (§939.) Venue, when and how changed. The defendant in Acts 1895, 
any criminal case in the superior court may move, by petition in 
writing, for a change in venue, whenever, in his judgment, an im- 
partial jury can not be obtained in the county where the crime was 
committed. Upon the motion it shall not be necessary to examine all 
persons in the county where the crime was committed, liable to serve 
on juries, but the judge shall hear evidence by affidavit or oral testi- 
mony, in support of or against the motion ; and if, from the evidence 
submitted, the court shall be satisfied that an impartial jury can not 
be obtained to try the case, the judge shall transfer it to any county 
that may be agreed upon by the solicitor-general and the defendant 
or his counsel, to be tried in the county agreed upon. If a county 
is not thus agreed upon, the judge shall select such county as, in his 
judgment, will afford a fair and impartial jury to try the case, and 
have it transferred accordingly. 

§965. (§940.) Clerk to transmit papers, etc.; subpoenas for wit-^^^^^^^^^' 
nesses. "Whenever a change of venue is had, the clerk of the court , 
of the county from which the case has been transferred shall send 
to the superior court to which the case has been transferred a tran- 
script of the order for the change of venue, the evidence before the 
court of inquiry, a list of all the witnesses subpoenaed in the case, 
and all other papers connected with the case. The clerk of the 
court of the county selected to try the case shall issue subpoenas to 
said witnesses and such others as may be applied for by either party. 

§966. (§941.) Subsequent change of venue. If it should be made^p%^^^^' 
to appear to the judge of the superior court, presiding in the county 
to which a case has been transferred, that a fair and impartial jury 
can not be had therein, he shall, in the manner prescribed in the 
first section of this Article, transfer the case to some other county 
where a fair and impartial jury can be had to try it. 



§§967-969 



CALL OF THE DOCKET TO SENTENCE. 



202 



Call of the docket. Arraignment. 



Acts 1862-3, 
pp. 138, 140. 



FROM THE CALL OF THE DOCKET TO 

SENTENCE. 



ARTICLE 1. 



Call of the Docket. 



§967. (§942.) Docket, how called. The cases on the criminal 
docket shall be called in the order in which they stand on the docket, 
unless the defendant be in jail, or otherwise in the sound discretion 
of the court. 



Cobb, 835. 



Cobb, 834, 
835. 



ARTICLE 2. 

Arraignment. 

§968. (§943.) Prisoner not brought in in fetters. No prisonei 
shall be brought into court, for arraignment or trial, tied, bound, or 
fettered, unless the court shall deem it necessary, during his arraign- 
ment or trial. 

§969. (§944.) When prisoner may be placed in bar-dock. A per- 
son indicted for an offense which may, on conviction, subject him 
to death, or imprisonment in the penitentiary for three years or 
more, may be put for his arraignment in the bar-dock, or other 
place set apart in the court-room for the arraignment of prisoners. 
If the health of the prisoner, or other circumstances, should render 
it more convenient to him and his counsel that he should not be 
placed for his arraignment, or during his trial, within the bar-dock, 
or other place assigned in the court-room for prisoners, the court 
may grant the indulgence of removing him to any place in the 
court-room, or contiguous to it, requested by him or his counsel. 
A person indicted for an offense which, on conviction, will not sub- 
ject him to death or imprisonment in the penitentiary for the term 
of three years shall not.be put for his arraignment in the bar-dock,' 
or other place set apart in the court-room for the arraignment of 
prisoners. 



203 CALL OF THE DOCKET TO SENTENCE. §§970-975 



Demurrers and special pleas to be in writing. 



§970. (§945.) Copy of accusation, and list of witnesses. Every ^2°t!''i. se 
person charged with an offense against the laws of this State shall (.|-,,f ^gg^^- 
be furnished, on demand, previously to his arraignment, with a copy§^ ^^^• 
of the accusation, and a list of the witnesses on whose testimony the 
charge against him is founded. 

§971. (§946.) Form of arraignment and plea of "guilty." UponCot>t>' 834. 
the arraignment of a prisoner, the indictment shall be read to hnn, 
and he shall be required to answer whether he is guilty or not 
guilty of the offense charged in the indictment, which answer or plea 
shall be made orally by the prisoner, or his counsel. And if he shall 
plead ''guilty," such plea shall be immediately recorded on the min- 
utes of the court by the clerk, together with the arraignment ; and 
the court shall pronounce upon .such prisoner the judgment of the 
law, in the same manner as if he had been convicted of the offense 
by the v-erdict of a jury; but, at any time before judgment is pro- 
nounced, the prisoner may withdraw the plea of "guilty," and 
plead "not guilty," and such former plea shall not be given in evi- 
dence against him on his trial. 

§972. (§947.) Standing mute or pleading "not guilty." If the^obb. 834. 
prisoner, upon being arraigned, sh'all plead "not guilty," or shall 
stand mute, the clerk shall immediately record upon the minutes of 
the court the plea of "not guilty," together with the arraignment, 
and such arraignment and plea shall constitute the issue between 
the prisoner and the State. 

§973. (§948.) Issue may be recorded afterward. If the clerk shalicobb, 835. 
fail or neglect to record the arraignment and plea of the prisoner at 
the time the same is made, it may and shall be done at any time 
afterward, by order of the court, and this shall cure the error or 
omission of the clerk. 

§974. (§949.) To be entered on the indictment. The arraignment cobb, 835. 
and plea or answer of the prisoner shall be entered on the indict- 
ment by the solicitor-general, or other person acting as prosecuting 
officer on the part of the State. 



ARTICLE 3. 

Demurrers and Special Pleas to be in Writing. 

§975. (§950.) Demurrers and special pleas to be in writing. If the<^°J^ ^34- 
prisoner, upon being arraigned, shall demur to the indictment, or 



§§976-980 CALL OF THE DOCKET TO SENTENCE. 204 



Pleas of insanity, and misnomer. Exceptions as to form and motions in arrest. 

plead to the jurisdiction of the court, or in abatement, or any spe- 
cial plea in bar, the demurrer or plea shall be made in writing ; and 
if such demurrer or plea shall be decided against the prisoner, he 
may nevertheless plead and rely on the general issue of ''not guilty/^ 



ARTICLE 4. 

Pleas of Insanity, and Misnomer. 

§976. (§951.) Plea of insanity, how tried. Whenever the plea of 
insanity is filed, it shall be the duty of the court to cause the issue 
on that plea to be first tried by a special jury, and if found to be 
true, the court shall order the defendant to be delivered to the su- 
perintendent of the Sanitarium, there to remain until discharged in 
the manner prescribed by law. 

§977. (§952.) Criminals acquitted, how dealt with. When a per- 
son who has been acquitted of a capital crime, on the ground of in- 
sanity, is committed to the Sanitarium, he shall not be discharged 
thence, except by special act of the legislature. If the crime is not 
capital, he shall be discharged by warrant or order from the Gov- 
ernor. If sentence is suspended on the ground of insanity, upon 
restoration to sanity the superintendent shall certify the fact to 
the presiding judge of the court where he was convicted. 

Cobb, 840. §978. (§953.) Lunacy and insanity. No lunatic, or person afflicted 

Acts 185T 

p. 126. ' with insanity, shall be tried, or put upon his trial, for any offense, 

535. 

during the time he is afflicted with such lunacy or insanity, which 
shall be tried in the manner hereinbefore pointed out where the plea 
of insanity at the time of trial is filed, and, on being found true, 
the prisoner shall be disposed of in like manner. 

69 Ga. 224. §979. (§954.) Misnomer, plca of . A plea of misnomer should state 

80 Ga. 468. o \ .5 / j i x- 

the true name of the accused, that he had never been known by any 
other name than that, and that he was not known and called by the 
name under which he was indicted. 



ARTICLE 5. 
Exceptions as to Form and Motions in Arrest. 

Cobb, 833. §980. (§955.) Exceptions to form and motions in arrest of judg- 

ment. All exceptions which go merely to the form of an indictment 



205 CALL OF THE DOCKET TO SENTENCE. §§981-983 

Settlement of cases. Nolle prosequi. Demand for trial. 

shall be made before trial ; and no motion in arrest of judgment shall 
be sustained for any matter not affecting the real merits of the of- 
fense charged in the indictment. 



ARTICLE 6. 
Settlement of Cases. 

§981. (§956.) Settlement of cases. All cases of indictments, or^o^^'^864. 
special presentments, shall be submitted to and passed upon by the .'^•^^^^■ 
jury, under the direction of the presiding judge, unless there is a 
settlement thereof between the prosecutor and defendant, which set- 
tlement shall be good and valid only by the approval and order 
of the court on examination into the merits of the case. 



ARTICLE 7. 

Nolle Prosequi. 

§982. (§957.) Nolle prosequi, when and how allowed. After ancobb, sse. 
examination of the case m open court, and before it has been sub- p- 422. 

,,.,,.. .1877, p. 108. 

mitted to the jury, the solicitor-general may enter a nolle prosequi §§8oi, 1127, 
with the consent of the court. After the case has been submitted 
to the jury, a nolle prosequi shall not be entered except by the con- 
sent of the defendant. 



ARTICLE 8. 

Demand for Trial. 

§983. (§958.) Demand for trial by accused. Any person against cobb, s-se. 
whom a true bill of indictment is found, for an offense not affecting p. eo. 
his life, may demand a trial at the term when the indictment is 
found; or at the next succeeding term thereafter, or at any subse- 
quent term, by special permission of the court, which demand shall 
be placed upon the minutes of the court; and if such person shall 
not be tried at the term when the demand is made, or at the next 
succeeding term thereafter, and at both terms there were juries im- 
paneled and qualified to try him, he shall be absolutely discharged 
and acquitted of the offense charged in the indictment. 



§§984-987 CALL OF THE DOCKET TO SENTENCE. 206 



Announcement. Continuances. 



ARTICLE 9. 

Announcement. 

^pp.' m'wo. §^84. (§959.) Announcement of ready or not ready for trial. The 
State shall be required in every case to announce ready or not ready 
for trial, except in those cases where the defendant is entitled by 
law to demand a trial, before the defendant shall be called on to 
make such announcement. 



ARTICLE 10. 
Continuances. 



^p.*i38^^^^ §985. (§960.) When showing for continuance is required of the 
§983. State. In all cases in which the defendant can not, according to 

law, demand a trial, a continuance shall not be granted to the State, 

except upon a reasonable showing therefor. 

^836. ^^' §986. (§961.) Cases, when tried and when continued. Every per- 

^p^^56^^^'' ^^^ against whom a bill of indictment is found shall be tried at the 
term of the court at which the indictment is found, unless the ab- 
sence of a material witness, or the principles of justice, should re- 
quire a postponement of the trial, and then the court shall allow a 
postponement until the next term of the court; and the court shall 
have power to allow the continuance of criminal causes from term to 
term, as often as the principles of justice may require, upon sufficient 
cause shown on oath : Provided, however, that no continuance shall 
be granted in any of the courts which have a continuous session for 
thirty days or more, over the objection of the adverse party, where 
the cause for the same can be obviated by a postponement to a later 
day during the term ; and the presiding judge, whenever a motion 
and a proper showing for a continuance is made by either party, at 
any time, shall set the case down for a later day during the same 
term, if it shall be practicable thereby to avoid the continuance. 

§987. (§962.) Continuance for absence of witnesses. In all ap- 
plications for continuances upon the ground of the absence of a 
witness, it must be shown to the court that the witness is absent ; 
that he has been subpoenaed; that he resides in the county where 
the case is pending ; that his testimony is material ; that the witness 
is not absent by the permission, directly or indirectly, of the ap- 
plicant ; that he expects he will be able to procure the testimony of 
the witness at the next term of the court ; and that the application 
is not made for the purpose of delay, but to enable the party to 



207 CALL OF THE DOCKET TO SENTENCE. §§988-994 

Continuances. 

procure the testimony of the absent witness ; and must state the 
facts expected to be proved by the witness. 

§988. When witness is upon attendance upon the General Assam- ^p'^^lg^^^^' 
bly. In all criminal cases in the courts of this State, it shall be the ^§57^3^°^^' 
duty of the presiding judge, on motion of either the State or de- 
fendant, to continue such case, when it shall appear that a material 
witness is absent from the court, by reason of his attendance upon 
the General Assembly. 

§989. (§963.) Continuance refused when the facts are admitted. ^p%^^^^-^' 
No continuance shall be allowed in any court on account of the 
absence of a witness, or for the purpose of procuring testimony, 
when the opposite party is willing to admit and does not contest the 
truth of the facts expected to be proved ; and the court shall order 
such admissions to be reduced to writing. 

§990. (§964.) Continuance for absence or illness of counsel. The 

illness or absence, from providential cause, of counsel where there is 
but one, or of the leading counsel where there are more than one, 
shall be a sufficient ground for a continuance : Provided, the party 
making the application will swear that he can not go safely to trial 
without the services of such absent counsel, and that he expects his 
services at the next term, and that said application is not made for 
delay only. 

§991. (§965.) Diligence required. The party making an applica- 
tion for a continuance must show that he has used due diligence. 

§992. (§966.) Discretion of the court. All applications for con- 
tinuances are addressed to the sound legal discretion of the court, 
and, if not expressly provided for, shall be granted or refused, as 
the ends of justice may require. And in all civil and criminal cases 
in the courts of this State, the presiding judges may, in their discre- 
tion, admit a counter-showing to a motion for a continuance, and, 
after a hearing, may decide whether the motion shall prevail. 

§993. (§967.) Continuance by one defendant. The continuance oi^^^t^^isss, 
a case by one of several defendants indicted jointly shall in no case 
operate as a continuance as to the other defendants objecting thereto. 

§994. (§968.) Judge to enter and announce continuance. When a^^^l^i^Qs, 
case is continued, the judge shall enter the date opposite the- case 
on his docket and make public announcement in open court of the 
continuance. 



§§995-999 



CALL OF THE DOCKET TO SENTENCE. 



208 



Trial of joint offenders. Impaneling the jury. 



Cobb, 841. 
Acts 1855-6, 
p. 226. 
1858, p. 99. 
1878-9, p. 59. 



ARTICLE 11. 

Trial of Joint Offenders. 

§995. (§969.) Trial of joint offenders. When two or more persons 
shall be jointly indicted, they shall be separately tried, if they or 
either of them elect so to sever ; and when defendants are separately 
tried, they shall be competent to testify for or against each other. 
If the offense be such as requires the joint action and concurrence 
of two or more persons, the acquittal or conviction of one shall not 
operate as the acquittal or conviction of any of the others not tried, 
but they shall be subject to be tried in the same manner. The State 
also shall have the right of severance on the trial. 



Acts 1855-6, 
p. 230. 



Acts 1855-6, 
p. 230. 



Acts 1855-6, 
p. 230. 



Acts 1855-6, 
p. 230. 



§§33, 1038. 



ARTICLE 12. 

Impaneling the Jury. 

§996. (§970.) Impaneling the jury. When any person stands in- 
dicted for a felony, a jury shall be impaneled as prescribed in sec- 
tions 862 and 863 of this Code. 

§997. (§971.) Putting panel on prisoner. The clerk shall make 
out three lists' of each panel, and furnish one to the prosecuting 
counsel, and one to the counsel for the defense. The clerk shall 
then call over the panel, and it shall be immediately put upon the 
accused. 

§998. (§972) Challange to the array. The accused may, in writ- 
ing, challenge the array for any cause going to show that it was 
not fairly or properly impaneled, or ought not to be put upon him ; 
the sufficiency of which challenge the court shall determine at once. 
If sustained, a new panel shall be ordered ; if not sustained, the se- 
lection of jurors shall proceed. 

§999. (§973.) Challenges for cause. On calling each juror, he 
shall be presented to the accused in such a manner that he can dis- 
tinctly see him, and then the State, or the accused, may make either 
of the following objections, viz. : 

1. That he is not a citizen, resident in the county. 

2. That he is over sixty or under twenty-one years of age. 

3. That he is an idiot or lunatic, or intoxicated. 

4. That he is so near of kindred to the prosecutor, or the accused, 
or the deceased, as to disqualify him by law from serving on the jury. 



209 CALL OF THE DOCKET TO SENTENCE. §§1000,1001 



Impaneling the jury. 



It shall be the duty of the court to hear immediately such evidence 
as may be submitted (the juror being a competent witness) in re- 
lation to the truth of these objections; and if he shall be satisfied 
of the truth of either, the juror shall be set aside for cause. If 
either one of these objections be true in fact, but the fact is unknown 
to either party, or the counsel of such party, at the time the juror 
is under investigation, and is subsequently discovered, such objec- 
tion may be made, and the proof heard at any time before the pros- 
ecuting counsel submits to the jury any of his evidence in the case ; 
but if known to the party or his counsel, the objection must be made 
before the juror is sworn in the case. 

§1000. (§974.) Peremptory challenges. Every person indicted f or^Ss' ills-e, 
a crime or offense which may subject him to death, or four years' im- ^' ^^^' 
prisonment or longer in the penitentiary, may peremptorily chal- 
lenge twenty of the jurors impaneled to try him. And every person 
indicted for an offense which may subject him to imprisonment in 
the penitentiary for any time less than four years, may peremp- 
torily challenge twelve of the jurors impaneled to try him ; and 
the State shall be allowed one half the number of peremptory chal- 
lenges allowed to the prisoner. 

§1001. (§975.) Questions on vofr dire. On trials for felonies any^^^^- ^^^• 
juror may be put upon his voir dire, and the following questions 
shall be propounded to him, viz. : 

1. ''Have you, from having seen the crime committed, or having 
heard any of the testimony delivered on oath, formed and expressed 
any opinion in regard to the guilt or innocence of the prisoner at the 
bar?" If the juror shall answer in the negative, then the following 
question shall be propounded to him : 

2. ''Have you any prejudice of bias resting on your mind either 
for or against the prisoner at the bar?" And if the juror shall 
answer in the negative, the following question shall be propounded : 

3. "Is your mind perfectly impartial between the State and the Acts isss-e, 
accused?" And if he shall answer this question in the affirmative, 

he shall be adjudged, and held a competent juror in all cases where 
the offense does not involve the life of the accused ; but when it does 
involve the life of the accused, the following additional question 
shall be put to him: 

4. "Are you conscientiously opposed to capital punishment?" IfActs^i853-4, 
he shall answer this question in the negative, he shall be held a 
competent juror: Provided, nevertheless, that either the State or 

the defendant shall have the right to introduce evidence before the 
judge to show that the answers, or any of them, are untrue ; and it 



§§1002-1006 CALL OF THE DOCKET TO SENTENCE. 210 

Oath of petit jury and witnesses. 

shall be the duty of the judge to determine upon the truth of such 
answers as may be thus questioned before the court. 

§1002. (§976.) Setting aside for cause. If a juror shall answer 
any of these questions so as to render him incompetent, or he shall 
be so found by the judge, he shall be set aside for cause. 

§1003. (§977.) Swearing in chief. If found competent and not 
challenged peremptorily by the State, he shall be put upon the 
prisoner, and, unless challenged peremptorily by him, shall be sworn 
to try the cause. 



Acts 1855-6, 
p. 251. 



§1004. (§978.) No investigation before triors. When a juror has 
been found competent as aforesaid, no other or further investigation 
before triors, or otherwise, shall be had, unless upon newly discov- 
ered evidence to disprove his answer, or to show him incompetent as 
aforesaid, which may be heard by the judge at any time before any 
of the evidence on the main issue is submitted ; and if the juror is 
proved incompetent, the judge may order him withdrawn from the 
jury and cause another selected in the same manner as is above 
pointed out. 



ARTICLE 13. 

Oaths of Petit Jury and Witnesses. 

Cobb, 836. §1005. (§979.) Petit juror's oath. In all criminal cases, the fol- 

lowing oath shall be administered to the petit jury, to wit: '*You 
shall well and truly try the issue formed upon this bill of indictment 
between the State of Georgia and A. B., who is charged (here state 
the crime or offense), and a true verdict give according to evidence. 
So help you God." 

Cobb, 836. §1006. (§980.) Witnesses' oath. The following oath shall be ad- 

ministered to witnesses in criminal cases, viz.: ''The evidence you 
shall give to the court and jury upon the trial of this issue between 
the State of Georgia and A. B., who is charged with (here state the 
crime or oifense), shall be the truth, the whole truth, and nothing 
but the truth. So help you God." 



211 CALL OF THE DOCKET TO SENTENCE. §§1007-1011 



Testimony to be reported. Evidence. 



ARTICLE 14. 

Testimony to be Reported. 

§1007. (§981.) Testimony reported in felonies. On the trial of^^^^-^^^g 
all felonies the presiding judge shall have the testimony taken down, p- ^^^• 
and, when directed by the judge, the court reporter shall exactly 
and truly record, or take stenographic notes of, the testimony and 
proceedings in the case, except the argument of counsel. In the 
event of the jury returning a verdict of guilty, the testimony shall 
be entered on the minutes of the court, or in a book to be kept for 
that purpose. 



ARTICLE 15. 
Evidence. 



§1008. (§982.) Object of evidence. The object of all legal investi- 
gation is the discovery of truth. The rules of evidence are framed 
with a view to this prominent end — seeking always for pure sources 
and the highest evidence. 

§1009. (§983.) Sundry definitions. Competent evidence is that 
which is admissible. Sufficient evidence is that which is satisfactory 
for the purpose. Cumulative evidence is that which is additional to 
other already obtained. Direct evidence is that which immediately 
points to the question at issue. Indirect, or circumstantial evidence, §§63, sis. 
is that which only tends to establish the issue by proof of various 
facts, sustaining, by their consistency, the hypothesis claimed. Pre- 
sumptive evidence consists of inferences drawn by human experience 
from the connection of cause and effect, and observations of human 
conduct. 

§1010. (§984.) Circumstantial evidence, when sufficient. To war-^s ga. 295. 
rant a conviction on circumstantial evidence, the proved facts must^s Ga. 228. 
not only be consistent with the hypothesis of guilt, but must exclude 
every other reasonable hypothesis save that of the guilt of the 
accused. 

§1011. (§985.) Positive and negative testimony. The existence of 27 Ga. 649. 
a fact testified to by one positive witness is rather to be believed 
than that such fact did not exist because many witnesses who had 
the same opportunity of observation swear that they did not see or 
know of its having transpired. 



§§1012-1018 CALL OF THE DOCKET TO SENTENCE. 212 



Evidence. 



§1012. (§986.) Amount of mental conviction. Moral and reason- 
able certainty is all that can be expected in legal investigation. In 
all civil eases tlie preponderance of testimony is considered sufficient 
to produce mental conAdction. In criminal cases a greater strength 
of mental conviction is held necessary to justify a verdict of guilty. 

33 Ga. 257. §1013. (§987.) Wheu testimony warrants a conviction. Whether 
dependent upon positive or circumstantial evidence, the true ques- 
tion in criminal cases is, not whether it be possible that the conclu- 
sion at which the testimony points may be false, but whether there 
is sufficient testimony to satisfy the mind and conscience beyond a 
reasonable doubt. 

§1014. (§988.) Presumptions of law and fact. Presumptions are 
either of law or of fact. The former are conclusions and inferences 
which the law draws from given facts. The latter are exclusively 
questions for the jury, to be decided by the ordinary test of human 
experience. 

83 Ga. 58t. §1015. (§989.) Presumptlon arising from failure to produce evi- 
dence. When a party has evidence in his power and within his 
reach, by which he may repel a claim or charge against him, and 
omits to produce it, or, having more certain and satisfactory evi- 
dence in his power, relies upon that which is of a weaker and in- 
ferior nature, a presumption arises that the charge or claim is well 
founded; but this presumption may be rebutted. 

§1016. (§990.) Prima facie presumptions. Other presumptions of 
law, such as of innocence, and in some cases of guilt, of continuance 
of life for seven years, of a mental state once proved to exist, and 
all similar presumptions, may be rebutted by proof. 

§1017. (§991.) Number of witnesses necessary. The testimony of 
a single witness is generally sufficient to establish a fact. Excep- 
tions to this rule are made in specified cases, such as to convict of 
treason or perjury, and in any case of felony where the only witness 
is an accomplice; in these cases (except in treason) corroborating 
circumstances may dispense with another witness. 

59 Ga, 142. ^§1018. (§992.) Alibi, as a defense. Alibi, as a defense, involves 

65 Ga. 756. .... 

64 Ga. 344. the mipossibility of the prisoner's presence at the scene of the offense 
at the time of its commission ; and the range of the evidence, in 
respect to time and place, must be such as reasonably to exclude the 
possibility of presence. 



213 CALL OF THE DOCKET TO SENTENCE. §§1019-1025 



Rules governing the admission of testimony. Of hearsay. 



ARTICLE 16. 

Rules Governing the Admission of Testimony. 

§1019. (§993.) Character and conduct of parties. The general 
character of the parties, and especially their conduct in other trans- 
actions, are irrelevant matter, unless the nature of the action in- 
volves such character and renders necessary or proper the investiga- 
tion of such conduct. 

§1020. (§994.) Burden of proof. The burden of proof generally 
lies upon the party asserting or affirming a fact, and to the existence 
of whose case or defense the proof of such fact is essential. If a 
negation or negative affirmation be so essential, the proof of such 
negative lies on the party so affirming it. 

§1021. (§995.) Changing onus. "What amount of evidence will 
change the onus or burden of proof is a question to be decided in 
each case by the sound discretion of the court. 

§1022. (§996.) Proof of original as to admission of copy. The 

existence of a genuine original is essential to the admissibility of a 
copy. The amount of evidence to show such existence must vary 
with the circumstances of each case. Where no direct issue is made 
upon the fact, slight evidence would be sufficient. 



ARTICLE 17. 
Of Hearsay. 



§1023. (§997.) Sometimes original evidence. When, in a legal 
investigation, information, conversations, letters and replies, and 
similar evidence, are facts to explain conduct and ascertain motives, 
they are admitted in evidence, not as hearsay but as original evi- 
dence. 

§1024. (§998.) Res gestae. Declarations accompanying an act, or 
so nearly connected therewith in time as to be free from all suspi- 
cion of device or afterthought, are admissible in evidence as part 
of res gestae. 

§1025. (§999.) Declarations of conspirators. After the fact of 
conspiracy is proved, the declarations of any one of the conspira- 
tors during the pendency of the criminal project, are admissible 
against all. 



§§1026-1034 CALL OF THE DOCKET TO SENTENCE. 214 



Of admissions and confessions. 



§1026. (§1000.) Dying declarations. Dying declarations, made by 
any person in the article of death, who is conscious of his condition, 
as to the cause of his death and the person who killed him, are ad- 
missible in evidence in a prosecution for the homicide. 

§1027. (§1001.) Testimony of witness on former trial. The testi- 
mony of a witness, since deceased, or disqualified, or inaccessible for 
any cause, given under oath on a former trial, upon substantially the 
same issue and between substantially the same parties, may be 
proved by any one who heard it, and who professes to remember the 
substance of the entire testimony, as to the particular matter about 
which he testifies. 



ARTICLE 18. 

Of Admissions and Confessions. 

§1028. (§1002.) Definitions. Admissions usually refer to civil 
cases ; confessions to criminal. 

§1029. (§1003.) Acquiescence or silence as admission. Acquies- 
cence, or silence, when the circumstances require an answer or denial 
or other conduct, may amount to an admission. 

§1030. (§1004.) Entire conversation. When an admission is given 
in evidence, it is the right of the other party to have the whole ad- 
mission and all the conversation connected therewith. 

§1031. (§1005.) Weight of such evidence. All admissions should 
be scanned with care, and confessions of guilt should be received 
with great caution. A confession alone, uncorroborated by other 
evidence, will not justify a conviction. 

§1032. (§1006.) Confession must be voluntary. To make a con- 
fession admissible, it must have been made voluntarily, without being 
induced by another, by the slightest hope of benefit or remotest fear 
of injury. 

§1033. (§1007.) Under promise of secrecy. The fact that a con- 
fession is made under a spiritual exhortation, or a promise of se- 
crecy, or a promise of collateral benefit, shall not exclude it. 

§1034. (§1008.) Material facts discovered. Any material facts 
discovered by a confession by a prisoner may be proved, and the 
fact of its discovery, by reason of such information, though the con- 
fession is rejected. 



215 CALL OF THE DOCKET TO SENTENCE. §§1035-1037 



Prisoner's statement. Competency of witnesses. 



§1035. (§1009.) Confession of conspirators. The confession of one 
joint offender or conspirator, made after the enterprise is ended, is 
admissible only against himself. 



ARTICLE 19. 

Prisoner's Statement. 

§1036. (§1010.) Prisoner's statement. In all criminal trials, theActs^ises, 

prisoner shall have the right to make to the court and jury suchi874, pp. 22, 

statement in the case as he may deem proper in his defense. It 1 878-9, p. 53. 

§935. 

shall not be under oath, and shall have such force only as the jury 
may think right to give it. They may believe it in preference to the 
sworn testimony in the case. The prisoner shall not be compelled 
to answer any questions on cross-examination, should he think 
proper to decline to answer. 



ARTICLE 20. 
Competency of Witnesses. 

§1037. (§1011.) Persons not competent or compellable. 

2. No person, who in any criminal proceeding is charged with the 
commission of any indictable offense, or any offense punishable on 
summary conviction, is competent or compellable to give evidence 
for or against himself. 

3. No person shall be compelled to give testimony tending in anyconst., 

manner to criminate himself. i- par. e. 

§9. 

4. Husband and wife shall not be competent or compellable to ^^^J^ ^^g^^^'^gg 
give evidence in any criminal proceeding for or against each other, |^^J"^' p- ^^^• 
except -that the wife shall be competent, but not compellable, to 

testify against her husband upon his trial for any criminal offense 
committed, or attempted to have been committed, upon her person. 
She is also a competent witness to testify for or against her hus- 
band in cases of abandonment of his child, as provided for in 
section 116 of this Code. 

5. No attorney shall be competent or compellable to testify, in^^t^g^^^^'^' 
any court, for or against his client, to any matter or thing, knowl- 
edge of which he may have acquired from his client, by virtue of his 
relations as attorney, or by reason of the anticipated employment 

of him as attorney, but shall be both competent and compellable to 



§§1038-1045 CALL OF THE DOCKET TO SENTENCE. 216 



Examination of witnesses. 



testify, for or against his client, as to any matter or thing, knowl- 
edge of which he may have acquired in any other manner. 

5S2, 33. §1038. (§1012.) Persons who are incompetent witnesses. Persons 

who have not the use of reason, as idiots, lunatics during lunacy, 
and children who do not understand the nature of an oath, are in- 
competent witnesses. 

§1039. (§1013.) Drunkards. Drunkenness, which dethrones rea- 
son and memory, incapacitates during its continuance. 

§1040. (§1014.) Evidence through interpreter. No physical de- 
fect in any of the senses incapacitates a witness. An interpreter may 
explain his evidence. 

§1041. (§1015.) Exemplifications. The certificate or attestation 
of any public officer, either of this State or any county thereof, shall 
give sufficient validity or authenticity to any copy or transcript of 
any record, document, paper of file, or other matter or thing in 
their respective offices, or pertaining thereto, to admit the same in 
evidence in any court of this State. 

§1042. (§1016.) Handwriting. Proof of handwriting may be re- 
sorted to in the absence of direct evidence of execution. In such 
case, any witness is competent to testify as to his belief, who will 
swear that he knows or would recognize the handwriting. The 
source of his knowledge is a question for investigation, and goes 
entirely to the credit and weight of his evidence. 



ARTICLE 21. 

Examination of Witnesses. 

§1043. (§1017.) Separate examination. In all cases either party 
has the right to have the witnesses of the other party examined 
out of the hearing of each other. The court will take proper care 
to effect this object as far as practicable and convenient, but any 
mere irregularity shall not exclude the witness. 

§1044. (§1018.) Cross-examination of witnesses. The right of 
cross-examination, thorough and sifting, belongs to every party, as 
to the witnesses called against him. If several parties to the same 
case have distinct interests, each may exercise this right. 

§1045. (§1019.) Leading questions. Leading questions are gen- 
erally allow^ed in cross-examinations, and only in these; but the 



217 CALL OF THE DOCKET TO SENTENCE. §§1046-3052 



Impeachment of witnesses. 



court may exercise a discretion in granting the right to the party- 
calling the witness, and in refusing it to the opposite party, when, 
from the conduct of the witness, or other reason, justice requires it. 

§1046. (§1020.) Memorandum in aid of witness's memory. A wit- 
ness may refresh and assist his memory by the use of any written in- 
strument, or memorandum, provided he finally speaks from his 
recollection thus refreshed, or is willing to swear positively from 
the paper. 

§1047. (§1021.) Opinions of witness. Where the question under 
examination, and to be decided by the jury, is one of opinion, any 
witness may swear to his opinion or belief, giving his reasons there- 
for; but, if the issue is as to the existence of a fact, the opinions 
of witnesses generally are inadmissible. 

§1048. (§1022.) Experts. The opinions of experts, on any ques- 
tion of science, skill, trade, or like questions, are always admissi- 
ble; and such opinions may be given on the facts as proved by 
other witnesses. 

§1049. (§1023.) State of feeling and relationship. The state of 
the witness's feelings to the parties, and his relationship, may al- 
ways be proved for the consideration of the jury. 



ARTICLE 22. 

Impeachment of Witnesses. 

§1050. (§1024.) Impeaching one's own witness. A party may not 
impeach a witness voluntarily called by him, except where he can 
show to the court that he has been entrapped by the witness by a 
previous contradictory statement. 

§1051. (§1025.) Impeached by disproving facts testified to. A 

witness may be impeached by disproving the facts testified to by 
him. 

§1052. (§1026.) By contradictory statements. A witness may be 
impeached by contradictory statements previously made by him 
as to matters relevant to his testimony and to the case. Before 
contradictory statements can be proved against him (unless they 
are written statements, made under oath, in connection with some 
judicial proceedings), his mind should be called with as much cer- 
tainty as possible to the time, place, person, and circumstances 



§§1053-1057 CALL OF THE DOCKET TO SENTENCE. 



218 



31 Ga. 557. 



Order of argument. Charge of -the court. 



attending the former statement; and if in writing, the same should 
be shown to him, or read in his hearing, if in existence ; and to lay 
this foundation, he may be recalled at any time. When thus 
impeached, he may be sustained by proof of general good character, 
the effect of the evidence to be determined by the jury. 

§1053. (§1027.) By proof of general bad character. A witness 
may be impeached by evidence as to his general bad character. The 
impeaching witness should be first asked as to his knowledge of the 
general character of the witness, and next as to what that character 
is, and lastly he may be asked if, from that character, he would be- 
lieve him on his oath. The witness may be sustained by similar 
proof of character. But the particular transactions, or the opinions 
of single individuals, can not be inquired of on either side, except 
upon cross-examination in seeking for the extent and foundation of 
the witness's knowledge. 



§1054. (§1028.) Credibility of witnesses. The credibility of a wit- 
ness is a matter to be determined by the jury under proper instruc- 
tions from the court. 



Acts 1851-2, 
p. 242. 



ARTICLE 23. 

Order of Argument. 

§1055. (§1029.) Order of argument. After the testimony is closed 
on both sides, the State's counsel shall open and conclude the argu- 
ment to the jury, except that, if the defendant shall introduce no 
testimony, his counsel shall open and conclude after the testimony 
on the part of the State is closed. 



Acts 1860, 

p. 42. 
1878-9, p. 150. 
1897, p. 41. 



Acts 1860, 
pp. 42, 43. 



ARTICLE 24. 
Charge of the Court. 

§1056. (§1030.) Judges shall give written charges on request. 

The judges of the superior, city, and county courts shall, when the 
counsel for either party requests it before argument begins, write 
out their charges and read them to the jury, and it shall be error to 
give any other or additional charge than that so written and read. 

§1057. (§1031.) Shall be filed. The charge so written out and 
read shall be filed with the clerk of the court in which it was given, 
and shall be accessible to all persons interested in it • and the clerk 



219 CALL OF THE DOCKET TO SENTENCE. §§1058-1062 



The verdict. The sentence. 



shall give certified copies thereof to any person applying therefor, 
upon payment of the usual fee. 

§1058. (§1032.) Judge not to express opinion on the facts. It isJ^^^'iJ^J; 
error for the judge of the superior court, in any case, during its p- ^^2. 
progress, or in his charge to the jury, to express or intimate his 
opinion as to what has or has not been proved, or as to the guilt of 
the accused ; and a violation of the provisions of this section shall 
be held by the Supreme Court to be error, and the decision in such 
case reversed, and a new trial granted, with such directions as the 
Supreme Court may lawfully give. 



ARTICLE 25. 
The Verdict. 



§1059. (§1033.) Jury judges of law and facts; form and construe- const., 
tion of verdicts. On the trial of all criminal cases the jury shall be 2, par. 1. 

'' "^ . <>(>bb, 835. 

the judges of the law and the facts, and shall give a general verdict 
of ''guilty" or ''not guilty." Verdicts are to have a reasonable 
intendment, and are to receive a reasonable construction, and are 
not to be avoided unless from necessity. 

§1060. (§1034.) Recommendation to mercy. In all capital cases, ■^^■♦« ^s^s, 
other than those of homicide, when the verdict is guilty, with a 
recommendation to mercy, it shall be legal and shall mean impris- 
onment for life. 

§1061. (§1035.) Jury may find the attempt. Upon the trial of an^''^'^^ ^^*» 
indictment for any offense, the jury may find the accused not guilty 
of the offense charged in the indictment, but, if the evidence war- 
rants it, guilty of an attempt to commit such offense, without any 
special count in the indictment for such attempt. 



ARTICLE 26. 
The Sentence. 



§1062. (§1036.) Punishment; recommendation of the iury. All^^'^^ ^^^^s. 

« T . . . " '' p. 63. 

lelonies, except treason, insurrection, murder, manslaughter, assault 
with intent to rape, rape, sodomy, foeticide, mayhem, seduction, 
arson, burning railroad bridges, train-wrecking, destroying, injur- 
ing, or obstructing railroads, perjury, false swearing, and suborna- 



§§1063-1066 CALL OF THE DOCKET TO SENTENCE. 



220 



The sentence. 



tion of perjury and false swearing, shall be punished by imprison- 
ment and labor in the penitentiary for the terms set forth in the sev- 
eral sections in this Code prescribing the punishment of such of- 
fenses ; but on the recommendation of the jury trying the case, when 
such recommendation is approved by the judge presiding on the 
trial, said crimes shall be punished as misdemeanors. If the judge 
trying the case sees proper, he may, in his punishment, reduce such 
felonies to misdemeanors. 



Cobb, 837. 



§1063. (§1037.) Penitentiary at discretion; jury recommendation. 

In all cases where the term of punishment in the penitentiary is dis- 
cretionary, the court shall determine that punishment, paying due 
respect to any recommendation which the jury may think proper to 
make in that regard. 



Cob, 842. 



§1064. (§1038.) Form of sentence. In sentencing a person con- 
victed of an offense subjecting him to penitentiary imprisonment, 
the judge shall frame the sentence so as to authorize his confinement 
and labor in the penitentiary, or at such other place as the Gov- 
ernor may direct. 

^""^sl^^^'^' §1065. (§1039.) Misdemeanors, how punished. Except where 
1895^' ^'e/^' otherwise provided, every crime declared to be a misdemeanor is 
S' 30 (4^' Puiiisli^bls by a fine not to exceed one thousand dollars, imprison- 
ment not to exceed six months, to work in the chain-gang on the 
public roads, or on such other public works as the county or State 
authorities may employ the chain-gang, not to exceed twelve months, 
any one or more of these^punishments in the discretion of the judge : 
Provided, that nothing herein contained shall authorize the giving 
the control of convicts to private persons, or their employment by 
the county or State authorities in such mechanical pursuits as will 
bring the products of their labor into competition with the products 
of free labor. If the convict be a female, the judge may, in his 
discretion, sentence her to labor and confinement in the woman's 
prison on the State farm, in lieu of a chain-gang sentence, not to 
exceed twelve months : Provided, that the trial judge shall have the 
discretion also of sending any person convicted of a misdemeanor 
to the State farm. 



Cobb, 844. 
§19. 



§1066. (§1040.) Attempts, how punished. If any person shall at- 
tempt to commit a crime, and in such attempt shall do any act 
toward the commission of such crime, but shall fail in the perpetra- 
tion thereof, or shall be prevented or intercepted from executing 
the same, he shall, in cases where no provision is otherwise made in 
- this Code, or by law, for the punishment of such attempt, be pun- 
ished as follows : 



221 CALL OF THE DOCKET TO SENTENCE. §§1067-1069 

The sentence. 

First. The attempt to commit a crime punishable with death shall 
be punished by imprisonment and labor in the penitentiary for not 
less than two years nor more than seven years. 

Second. The attempt to commit a crime punishable by imprison- 
ment and labor in the penitentiary for not less than four years shall 
be punished by imprisonment and labor in the penitentiary for not 
less than one year nor more than four years. 

Third. The attempt to commit a crime punishable by imprison- '*^^*|2^^^^' 
ment and labor in the penitentiary for not less than three years 
shall be punished by imprisonment and labor in the penitentiary for 
not less than one nor more than two years. 

Fourth. The attempt to commit a crime punishable by imprison- 
ment and labor in the penitentiary for not less than two years shall 
be punished by imprisonment and labor in the penitentiary for one 
year. 

Fifth. The attempt to commit a crime punishable by imprison- ^^■t'?,^^^^'''' 
ment and labor in the penitentiary for not less than one year shall 
be punished as a misdemeanor. 

Sixth. The attempt to commit a felony not falling under any of "^p^^gs^^^^' 
the foregoing provisions shall be punished by imprisonment and 
labor in the penitentiary for not less than one year. 

Seventh. The attempt to commit a misdemeanor shall be punished ^p^^lg^^'^^' 
in the same manner as the misdemeanor which was attempted is 
punishable. 

§1067. (§1041.) Several imprisonments to be successive. Where ^°^^' ^^^• 
a person shall be prosecuted and convicted on more than one indict- 
ment, and the sentences are imprisonment in the penitentiary, such 
sentences shall be severally executed, the one after the expiration Oi 
the other; and the judge shall specify in each the time when the 
imprisonment shall commence and the length of its duration. 

§1068. (§1042.) Conviction of second offense, longest time, if f^«i>b, 84o. 
any person, who has been convicted of an offense and sentenced to 
confinement and labor in the penitentiary, shall afterwards commit 
a crime punishable by confinement and labor in the penitentiary, he 
shall be sentenced to undergo the longest period of time and labor 
prescribed for the punishment of the offense of which he stands 
convicted. 

§1069. (§1043.) Death by hanging. The sentence of death shall cobb, sss. 

, T 1 • Acts 1859, 

be executed by hanging the offender by the neck until he is dead, t^p- ^2, es. 

rm • f. T 1893, pp. 41, 

Ihe execution ot the sentence shall be in private, and witnessed only 42. 
by the executing officer, a sufficient guard, the relatives of the crim- 



§§1070-1072 CALL OF THE DOCKET TO SENTENCE. 

The sentence. 



222 



Cobb, 840. 



Cobb, 839. 



Cobb, 839. 



inal, and such clergymen and friends as he may desire. The place 
for such execution shall be provided by the ordinary of each county. 
The judge passing the sentence shall order the execution to be in 
private, and may take such steps as he thinks best to secure the ex- 
ecution of the sentence, and to determine when death supervenes. 

§1070. (§1044.) Sentence shall specify time and place. When a 
convict is sentenced to the punishment of death, the court shall 
specify the time and place of execution in the sentence. The time 
shall not be less than twenty days nor more than sixty days from 
the date of the sentence. If the convict be a female, who, at the 
time, is quick with child, the court shall appoint a day that will 
arrive after she shall have been delivered of the child. 

§1071. (§1045.) Suspension when convict is pregnant. If a female 
convict sentenced to the punishment of death shall be found preg- 
nant with child, the sheriff, with the concurrence and assistance of 
the ordinary, shall select one or more physicians, who shall make 
inquisition, and if upon such inquisition it appear that she is quick 
with child, the sheriff shall suspend the execution of the sentence, 
and make report of the inquisition and suspension of execution to 
the presiding judge of the circuit, who shall cause the same to be 
entered on the minutes of the superior court of the county where 
the conviction was had. And at any time thereafter, when it shall 
appear to said judge that said convict is no longer quick with child, 
he shall issue a new warrant directing the sheriff to do execution of 
the sentence, at such time and place as the judge may appoint and 
direct in the warrant, which the sheriff shall be bound to do accord- 
ingly. And the judge shall cause the new warrant and other pro- 
ceedings in the case to be entered on said minutes. 

§1072. (§1046.) Warrant to issue if execution not done. When- 
ever, for any reason, any convict sentenced to the punishment of 
death shall not have been executed pursuant to such sentence, and 
the same shall stand in full force, the presiding judge of the supe- 
rior court where the conviction was had, on the application of the 
solicitor-general of the circuit, or other person prosecuting for the 
State, shall issue a habeas corpus to bring such convict before him ; 
or, if such convict be at large, said judge or any judicial officer of this 
State, may issue a warrant for his apprehension ; and upon the con- 
vict being brought before the judge, either by habeas corpus or 
under such warrant, he shall proceed to inquire into the facts and 
circumstances of the case ; and if no legal reason exists against the 
execution of the sentence, he shall sign and issue a warrant to the 



223 CALL OF THE DOCKET TO SENTENCE. §§1073-1076 

The sentence. 

sheriff of the proper county, commanding him to do execution of 
such sentence at such time and place as shall be appointed therein, 
which the sheriff shall do accordingly; and the judge shall cause 
the proceedings to be entered on the minutes of the superior court 
of the county. 

§1073. No inquisition after capital conviction. No person who has Acts 1903, 

• • • D 77 

been convicted of a capital offense shall be entitled to any inquisi- 
tion or trial to determine his sanity. 

§1074. Insane convicts, disposition of. Upon satisfactory evidence 
being offered to the Governor of this State that the person con- 
victed of a capital offense has become insane subsequent to his con- 
viction, the Governor may, within his discretion, have said person 
examined by such expert physicians as the Governor may choose ; 
and said physicians shall report to the Governor the result of their 
investigation ; and the Governor may, if he shall determine that the 
person convicted has become insane, have the power of committing 
him to the State sanitarium until his sanity shall have been re- 
stored, as determined by laws now in force. The cost of the in- 
vestigation shall be paid by the Governor out of the contingent 
fund. Neither this nor the preceding section applies to any case 
pending August 17th, 1903. 

§1075. (§1048.) Insane convict committed to the Sanitarium. Actsi874, 

•^ \ / p. 30. 

When any person shall, after conviction of a capital crime, become 
insane, and shall be so declared in accordance with the provisions 
of the preceding section, the convict shall be received into the Geor- 
gia State Sanitarium, there to be safely kept and treated as other 
adjudged insane persons. All the provisions of the law relating to 
insane persons under sentence of imprisonment in the penitentiary 
shall apply to the class of cases herein provided for, so far as ap- 
plicable. 

§1076. (§1049.) Resentence and warrant on recovery. If the con-^cts 1374, 
vict mentioned in the preceding section should recover, the fact 
shall be at once certified by the superintendent to the judge of the 
court in which the conviction occurred. Whenever it shall appear 
to the judge by said certificate, or by inquisition or otherwise, that 
the convict has recovered and is of sound mind, he shall have the 
convict removed to the jail of the county in which the conviction 
occurred, or to some other safe jail, and shall pass sentence, either 
in term time or vacation, upon the criminal, and he shall issue a 
new warrant, directing the sheriff to do execution of the sentence at 
such time and place as may be named in the warrant, which the 



§§1077-1080 CALL OF THE DOCKET TO SENTENCE. 



224 



The sentence. 



sheriff shall be bound to do accordingly. The judge shall cause the 
new warrant, and other proceedings in the case, to be entered on the 
minutes of said superior court. 



Const., 
Art. 2, sec. 
2, par. 1. 



Const., 
Art. 5, sec. 
1, par. 12. 



Cobb, 837. 



Cobb, 837. 
§1219. 



§1077. (§1050.) Conviction of certain crimes disqualifies to vote or 
hold office. A person who has been convicted, in any court of com- 
petent jurisdiction, of treason against the State, of embezzlement of 
public funds, malfeasance in office, bribery, or larceny, or of any 
crime involving moral turpitude, punishable by the laws of this 
State with imprisonment in the penitentiary, unless such person 
shall have been pardoned, shall not be permitted to register, vote, or 
hold any office, or appointment of honor or trust in this State. 

§1078. (§1051.) Power and duty of governor as to reprieves and 
pardons. The Governor shall have power to grant reprieves and 
pardons, to commute penalties, remove disabilities imposed by law, 
and to remit any part of a sentence for offenses against the State, 
after conviction, except in cases of treason and impeachment, subject 
to such regulations as may be provided by law relative to the man- 
ner of applying for pardons. Upon conviction for treason he may 
suspend the execution of the sentence and report the case to the 
General Assembly at the next meeting thereof, when the General 
Assembly shall either pardon, commute the sentence, direct its ex- 
ecution, or grant a further reprieve. He shall, at each session of the 
General Assembly, communicate to that body each case of reprieve, 
pardon, or commutation granted, stating the name of the convict, 
the offense for which he was convicted, the sentence and its date, the^ 
date of the reprieve, pardon, or commutation, and the reasons for 
granting the same. He shall take care that the laws are faithfully 
executed, and shall be a conservator of the peace throughout the 
State. 

§1079. (§1052.) Convicts confined in jail till sent for by peniten- 
tiary guard. When any person may be convicted of an offense which 
subjects him to confinement in the penitentiary, it shall be the duty 
of the presiding judge, by his sentence, to order the convict into 
custody, to be safely kept in jail ; or if there be no jail in the county, 
then in the nearest jail, or under a suitable guard, until he shall be 
demanded by a guard to be sent from the penitentiary for the pur- 
pose of conveying him to the penitentiary. 

§1080. (§1053.) Clerk to notify keeper of sentence. The clerk of 
the superior court of the county, where such person may be con- 
victed and sentenced, shall notify the prison commission imme- 
diately thereafter, by mail, of the conviction and sentence, and that 



225 CALL OF THE DOCKET TO SENTENCE. §1081 

The sentence. 

the convict is detained in the county jail, or under guard, subject to 
.the order of the keeper. 

§1081. (§1054.) Convicts soon and safely sent to penitentiary. ^°^''' ^^^• 

Such convict shall, as soon as possible after conviction, together with 
a copy of the record of his conviction and sentence, be safely con- 
veyed to the penitentiary by a guard to be sent therefrom for that 
purpose, and therein be safely kept during the term specified in the 
sentence of the court. 



§§1082-1087 NEW TRIALS, AND THE SUPREME COURT. 226 

When new trial will, and will not be granted. 



NEW TRIALS, AND THE SUPREME 

COURT. 



ARTICLE 1. 

When New Trial Will, and Will not be Granted. 

Cobb. 835. §1082. (§1055.) None granted on acquittal. On the acquittal of 

the defendant, no new trial shall, on any account, be granted by the 
court. 

St.i, sec. §1083. (§1056.) Power to grant on conviction is preserved. The 

2 oar 1 . 

power of the judges to grant new trials in case of conviction is pre- 
served. 

§1084. (§1057.) When verdict is contrary to evidence, etc. In any 

case when the verdict of a jury is found contrary to evidence and 
the principles of justice and equity, the presiding judge may grant 
a new trial before another jury. 

§1085. (§1058.) When the verdict is against evidence. The pr^^ 
siding judge may exercise a sound discretion in granting or refusing 
new trials in cases where the verdict may be decidedly and strongly 
against the weight of evidence, although there may appear to be 
some slight evidence in favor of the finding. 

§1086. (§1059.) When evidence is illegally admitted or excluded. 

The superior courts may grant new trials in all cases when any ma- 
terial evidence may be illegally admitted to, or illegally withheld 
from the jury against the demand of the applicant. 

Acts 1878-9, §1087. (§1060.) For erroneous charge to jury, etc. A new trial 
may be granted in all cases when the presiding judge may deliver 
an erroneous charge to the jury against such applicant on a material 
point, or refuse to give a pertinent legal charge in the language re- 
quested, when the charge so requested is submitted in writing. And 
in the trial of causes in any of the courts, either party or his coun- 
sel may msike a written request to the court to charge the jury, at 
any time before the jury retires to consider of their verdict, and 
without submitting the same to the counsel of the opposite party. 



227 NEW TEIALS, AND THE SUPREME COURT. §§1088-1092 

The motion and proceedings thereon. 

§1088. (§1061.) On account of new evidence. A new trial may be 
granted in all cases, when any material evidence, not merely cumu- 
lative in its character, but relating to new and material facts, shall 
be discovered by the applicant after the rendition of a verdict 
against him, and shall be brought to the notice of the court within 
the time now allowed by law for entering a motion for a new trial. 

§1089. (§1062.) Judge may grant on other grounds. In all appli- 
cations for a new trial on other grounds, not provided for in this 
Code, the presiding judge must exercise a sound legal discretion in 
granting or refusing the same, according to the provisions of the 
common law and practice of the courts. 



ARTICLE 2. 
The Motion and Proceedings Thereon. 

§1090. (§1063.) Application to be made during term. All applica-^^^tigi^se, 
tions for a new trial, except in extraordinary cases, must be made 
during the term at which the trial was had; and, when the term 
continues longer than thirty days, the application shall be filed 
within thirty days from the trial, together with a brief of evidence, 
as provided by law, subject to the approval of the judge, subject to 
the right of amendment allowed by law in applications for a new 
trial; but all applications in this section provided for may be heard, 
determined, and returned in vacation. 

§1091. (§1064.) Motion made after adjournment of court. In case ^^*^/^'^^' 
of a motion for a new trial made after the adjournment of the court, 
some good reason must be shown why the motion was not made 
during the term, which shall be judged of by the court. In all such 
cases, twenty days notice shall be given to the opposite party. And 
whenever a motion for a new trial shall have been made at the term 
of trial in any criminal case, and overruled, or when a motion for a 
new trial has not been made at such term, in either event no motion 
for a new trial from the same verdict shall ever be made or received, 
unless the same be an extraordinary motion or case, such as is pro- 
vided for in section 1090 of this Code, and there shall be but one 
such extraordinary motion ever made or allowed. 

§1092. (§1065.) Rule nisi must be served. In all applications for 
a new trial the opposite party shall be served with a copy of the rule 
nisi, unless such copy is waived. 



§§1093-1096 NEW TRIALS, AND THE SUPREME COURT. 228 

The Supreme Court. 

^p.V^^^' §1093. (§1066.) Supersedeas. The rule nisi for a new trial shall 

not operate as a supersedeas unless so ordered by the court. "When 
requested to do so by the defendant or his counsel, the judge trying 
the case shall grant an order superseding the sentence until the 
motion for a new trial is heard and decided. 

1,p.Mri2o. §1094. (§1067.) What brief of evidence shall contain. The brief 
of evidence required in motions for new trial shall be a condensed 
and succinct brief of the material portions of the oral testimony, 
including the substance of all material portions of all documentary 
evidence. In all cases in which the testimony has been stenograph- 
ically reported, it may be reduced to narrative form, or the steno- 
graphic report may be used in whole or in part in making up the 
brief, but immaterial questions and answers and parts thereof 
stricken; the intention being in every case, as far as possible, to 
shorten the brief, and to include therein only material portions of 
the evidence. 



ARTICLE 3. 

The Supreme Court. 

§1095. (§1068.) Powers enumerated. The Supreme Court has au- 
thority — 

1. To exercise appellate jurisdiction, and that only, and in no 
case to hear facts or examine witnesses. 

2. To hear and determine all causes, civil and criminal, that may 
come before it ; and to grant judgments of affirmance or reversal, or 
any other order, direction, or decree required therein ; and, if neces- 
sary, to make a final disposition of the cause. It shall be within its 
power to award such order and direction to the cause in the court 
below as may be consistent with the law and justice of the case. 

§1096. (§1069.) When a writ of error lies. No cause shall be car- 
ried to the Supreme Court upon any bill of exceptions, so long as 
the same is pending in the court below, unless the decision or 
jildgment complained of, if it had been rendered as claimed by the 
plaintiff in error, would have been a final disposition of the cause 
or final as to some material party thereto. But at any stage of the 
cause, either party may file his exception to any decision, sentence, 
or decree of the superior court ; and if the same is certified and 
allowed, it shall be entered of record in the cause; and should the 
case in its final termination be carried by writ of error to the Su- 
preme Court by either party, error may be assigned upon such 



229 NEW TRIALS, AND THE SUPREME COURT. §§1097-1100 

The Supreme Court. 

bill of exceptions, and a reversal and new trial may be allowed 
thereon when it is manifest that such erroneous decision of the court 
has or may have affected the final result of the case. 

§1097. (§1070.) Bills of exceptions. The defendant in any crim- 
inal proceeding in the superior courts of this State may except to any 
sentence, judgment, or decision of such court, or of the judge 
thereof, in any matter heard at chambers. Such bill of exceptions 
shall specify plainly the decision complained of, and the alleged 
error, and shall be signed by the party, or his attorney, or solicitor. 

§1098. (§1071.) Mode of taking cases to the Supreme Court. Nonets isso, 
case shall be taken to the Supreme Court by bill of exceptions, ex- us. 
cept in the following manner : "When a party desires to reView the 
judgment of the court in refusing a new trial, he shall specifically 
set out the errors complained of, and shall specify only so much of 
the brief of evidence and such other parts of the record as are ma- 
terial to a clear understanding of the errors complained of. The 
judge to whom such bill of exceptions is tendered shall, by any 
needful alteration, cause the same to conform to the truth and to 
refei; to so much of the evidence and such other parts of the record 
as are material to a clear understanding of the errors complained 
of; and he shall cause the clerk to send up only so much of the 
evidence and other parts of the record as he may certify are ma- 
terial, except as hereinafter provided. The plaintiff in error, at his 
election, may incorporate the brief of so much of the evidence as is 
necessary to a clear understanding of the errors complained of in 
the bill of exceptions, rather than have the same sent up in the 
record. 

§1099. (§1072.) Form of certificate of the judge. The form of the^^t^^.^P,,, 
certificate of the judge to the bill of exceptions shall be as follows : i^^- 
^'I do certify that the foregoing bill of exceptions is true, and con- 
tains (or specifies, as the case may be) all of the evidence, and 
specifies all of the record, material to a clear understanding of the 

errors complained of ; and the clerk of the court of is hereby 

ordered to make out a complete copy of such parts of the record in 
said case as are in this bill of exceptions specified, and certify the 

same as such, and cause the same to be transmitted to the 

term of the Supreme Court, that the errors alleged to have been 
committed may be considered and corrected." 

§1100. (§1073.) Additional record or evidence may be ordered up.^<^t« nl^'ne 
If the defendant in error shall desire more of the evidence or other 
parts of the record, or all of the evidence, or all of the record, sent 



§§1101-1104 NEW TRIALS, AND THE SUPREME COURT. 230 

The Supreme Court. 

up, he shall, within twenty days after the bill of exceptions is served 
on the defendant, or his attorney, petition the judge who signed the 
same to order the whole, or any part of the record, sent up by the 
clerk, and the judge shall order the same certified accordingly and 
sent up. 

Tiief^^' §1101. (§1074.) What the Supreme Court shall decide. The Su- 

preme Court shall not decide any question unless it is made by a 
special assignment of error in the bill of exceptions, and shall decide 
any question thus made. 

p*ios. ' ' §1102. (§1075.) Bills of exceptions to be governed by law and 
rules as to injunctions. All bills of exceptions in criminal cases shall, 
as regards the practice both in the lower court and in the Supreme 
Court, relating to the time and manner of signing, filing, serving, 
transmitting and hearing the same, be governed, in all respects 
where applicable, by the laws and rules in reference to bills of ex- 
ceptions in cases of injunction, and it shall be the duty of the 
Supreme Court to give a speedy hearing and determination in such 
cases, either under existing rules or under special rules to be formu- 
lated by said court for that purpose, and if the judgment of the 
court below is affirmed in the Supreme Court, the clerk of the 
Supreme Court shall transmit promptly the remittitur to the clerk 
of the court from which the writ of error was taken, and upon the 
reception of the same the clerk shall notify the judge of said court, 
who shall have full power, in term or vacation, to pass any order, 
sentence, or judgment necessary to carry into execution the judg- 
ment of the court. 

§1103. (§1076.) On whom served. In a criminal case, the copy 
bill of exceptions shall be served upon the solicitor-general, or upon 
a solicitor-general pro tem., who tried the cause, if he is still acting 
under the appointment. 

Cobb, 449. §1104. (§1077.) Supersedeas. The bill of exceptions thus filed 

shall operate as a supersedeas, upon the plaintiff in error complying 
with the following terms : "Where th^ offense is bailable, the de- 
fendant shall enter into a recognizance before the clerk, with secu- 
rity to be approved by him, in a sum to be fixed by the presiding 
judge, conditioned for the personal appearance of such defendant to 
abide the final order, judgment, or sentence of said court. If the 
offense is not bailable, the judge shall order a supersedeas at the 
time of filing the bill of exceptions. If the party is unable from his 
poverty to give the recognizance, the judge shall order a supersedeas 
upon the filing of an affidavit as provided in civil cases, but the 
defendant shall not be set at liberty without the recognizance. 



231 COSTS, FINES, FINE AND FORFEITURE FUND. §§1105-1108 

Costs. 



COSTS, FINES, AND FINE AND FOR- 
FEITURE FUND. 



ARTICLE 1. 
Costs. 



§1105. (§1078.) When defendant shall pay costs. The costs of aconst., 
prosecution, except the fees of his own witnesses, shall not be de- 2, par. 10. 

. . . . Cobb, 857, 

manded of a defendant until after conviction on final trial. If 859. seo. 

§§13, 305, 16, 

convicted, judgment may be entered up against him for all costs 1134. 
accruing in the committing or superior courts, and by any officer 
pending the prosecution. The judgment shall have a lien on all 
the property of the defendant from the date of his arrest, and the 
clerk shall issue an execution, on the judgment, against said prop- 
erty. The court may also direct the defendant to be imprisoned 
until all costs are paid. 

§1106. (§1079.) Costs of witnesses for the State. No defendant cobb, 277. 
shall be liable for the costs of any witness of the State, unless such 
witness was subpoenaed, sworn, and examined on the trial, nor for 
the costs of more than two witnesses to the same point, unless the 
court shall certify that the question at issue was of such a character 
as rendered a greater number of witnesses neoessary to a single 
point 

§1107. (§1080.) Costs of inquest when the party is convicted. If 

any person is convicted of murder or manslaughter, in a case where 
an inquest has been held over the body of the person for slaying 
whom he is convicted, the costs of the inquest make a part of the 
costs of conviction, and must be so charged. 

§1108. (§1081.) Discharge of insolvents by ordinary. If any pris-cobb, ses. 

. . Acts 1861, 

oner in the common jail, after the time of his imprisonment expires, p. 57. 
or otherwise, is detained merely until his costs, or until fine and costs 
are paid, and the ordinary is satisfied that he is unable to pay the 
costs and fine, or either of them, said ordinary may discharge him 
from further confinement. 



§§1109-1112 COSTS, FINES, FINE AND FORFEITURE FUND. 



232 



Fines. Fine and forfeiture fund. 



§1109. (§1082.) When the prosecutor shall pay costs. The prose- 
cutor's name shall be endorsed on every indictment, and he shall be 
compelled to pay all costs and jail fees, upon the acquittal or dis- 
charge of the person accused — 

1. When the grand jury, by their foreman, on returning "no 
bill, ' ' express it as their opinion that the prosecution was unfounded 
or malicious. 

2. When a jury on the trial of the prosecution finds it to be 
malicious. 

3. When the prosecution is abandoned before trial. When it is 
thus abandoned, the officer who issued the warrant shall enter a 
judgment against the prosecutor for all the costs, and enforce it by 
an execution in the name of the State, or by an attachment for 
contempt. 



Cobb, 833. 



Acts 1871-2, 
p. 53. 



Acts 1871-2, 

pp. 49. 50. 

1895, p. 71. 



§1110. (§1083.) How paid when venue is changed. When the 
venue is changed, the whole costs of the case, and expenses of the 
trial in the county to which it was transferred, shall be borne by the 
county from which the case is Removed. The jail fees, if any, of the 
person to be tried, shall be collected and paid by the county treas- 
urer of the county from which the case was removed ; the mode of 
collecting these fees and regulating the amount of fees is the same 
as in other like cases. The entire court costs, including the costs of 
sheriff, bailiff, clerks, and jurors shall also be paid by the county 
treasurer of the county from which the case was removed, and shall 
have the same priority as jail fees, and shall be paid to the county 
treasurer of the county where the case is tried, after having been 
first paid by him. 



Cobb, 837. 



ARTICLE 2. 

Fines. 

§1111. (§1084.) Paid immediately. Every fine imposed by the 
court under the authority of this Code shall be paid immediately, 
or within such reasonable time as the court may grant. 



Acts 1875, 
p. 88. 



ARTICLE 3. 
Fine and Forfeiture Fund. 

§1112. (§1085.) Officers have a lien on fine and forfeiture fund. 

The officers of court shall have a lien upon all funds arising from 



233 COSTS, FINES, FINE AND FORFEITURE FUND. §§1113-1116 



Fine and forfeiture fund. 



fines and forfeitures, for the payment of their insolvent costs, before 
any specific appropriation shall be made of said funds for purposes 
of Sunday-schools, or other educational purposes. 

§1113. (§1086.) Insolvent costs, how allowed. In cases where ^^g^; ^^"' 
a bill of indictment is preferred and not found true by the grand ^pp^ 25^^26. 
jury, or where a defendant shall be acquitted by a jury, or where 
persons liable by law for the payment of costs shall be unable to 
pay the same, the officers severally entitled to such costs may pre- 
sent an account therefor to the judge of the court in which the 
prosecutions were depending, which, being examined and allowed by 
him, he shall order to be paid in the manner prescribed by law, and 
such account and order shall be entered on the minutes of the court. 

§1114. (§1087.) Insolvent costs, how paid. Money arising from 
fines, or collected on forfeited recognizances in the superior courts, 
or for a violation of the penal laws, shall be first applied to the 
extinguishment of the insolvent lists of the officers bringing it into 
court and those of justices and constables pro rata, and then to the 
orders of former officers in proportion to their claims. 

§1115. (§1088.) Costs due justices and constables. Costs due jus- ^^tsm^.^ 
tices and constables, in cases — 1882-3, 'p- 94. 

' 1889, p. 101. 

1. "When parties have been acquitted; 

2. When they are unable to pay costs ; 

3. In counties in which there are no county courts, when persons 
have been bound over by the justice, or have been committed to jail 
in default of bail and the grand jury make a return of ''no bill;" or 
when, after an investigation, the party has been discharged by 
the justice; 

4. In counties w^here there are county courts, in felony cases ; and 
in misdemeanor cases in which an indictment has been demanded : 

Shall be paid out of fines and forfeitures upon the order of the 
judge of the superior court, and are of equal dignity with the ac- 
counts of the officers of the superior court, and entitled to participate 
pro rata upon a distribution of any funds arising from fines and 
forfeitures. 

§1116. (§1089.) Forfeitures and fines to be paid into the county Acts i876. 
treasury. The officers of the several courts, including the prosecuting isis-g, p. 139. 
officers, shall pay into the county treasury of the county where 
said court is held all moneys arising from fines and forfeitures by 
them collected, and, on failure to do so, shall be subject to rule and 
attachment, as in case of defaulting sheriffs. But no such officer 
shall be required to pay into the treasury, as aforesaid, any such 



§§1117-1120 COSTS, FINES, FINE AND FORFEITURE FUND. 234 

Fine and forfeiture fund. 

moneys, until all the legal claims on such funds held and owned by 
said officer bringing the money into court, and the costs due the 
justices and constables in the particular case by which the funds for 
distribution were brought into court, shall have been allowed and 
paid. 

Tlso^^^^' §m'^- (§1090.) How distributed. All such fines and forfeitures 
shall be, at each term of the court, distributed by the solicitor, 
under order of the court, to such persons and according to the pri- 
orities now prescribed by law; and on his failure to do so, he shall 
be subject to a rule at the instance of any party aggrieved. 

"^""^los^'^' §1118- (§1091.) To be kept separate. The moneys, so paid in, 

shall be kept separate and distinct from the county funds arising 
from other sources, and distinct and separate accounts of said funds 
shall also be kept as to what court the same was received from, by 
the county treasurer, and the same shall be paid only for insolvent 
costs, and in cases where defendants have been acquitted in the 
manner hereinafter directed. 

^p.^ioq''^' §1119- (§1092.) How claims on the fund are to be paid. Any offi- 

cer having a claim against said fund for insolvent costs, or in cases 
where defendant has been acquitted, if the same accrued in the 
superior court (or a magistrate's court prior to indictment), shall 
present to the judge of the superior court an itemized bill of costs 
claimed ; and if the same shall be approved by him, he shall order 
the same entered on the minutes of the court, and the same shall 
be a warrant on the county treasurer, to be paid by him out of any 
fines and forfeitures in the treasury received from the superior court. 

^cts^js76, §1120. (§1093.) Justices and others, how paid. Any officer of the 

county court, or any notary public, or justice, having jurisdiction 
for the trial of misdemeanors in any county, having a like claim for 
costs, or before whom a preliminary investigation may be had, and 
also constables having a like claim for costs, shall present the same 
to the judge of said court in the form prescribed in the preceding 
section; and when such order is approved and entered on the min- 
utes of said county court, if any, and if not, then on a book prepared 
and kept by s-aid county court, said notary public, or justice, for that 
purpose, the same shall be a warrant on the county treasurer, to be 
paid out of any fines and forfeitures arising from proceedings in said 
county court in accordance with the laws providing for the distribu- 
tion of fines and forfeitures in the superior court. 



235 COSTS, FINES, FINE AND FORFEITURE FUND. §§1121-1124 

Fine and forfeiture fund. 

§1121. (§1094.) Treasurer to report to grand jury. The county ^^^^^qJ^^^' 
treasurer shall report to the grand jury, at each regular term of the 
superior court, the amounts of fines and forfeitures received by him, 
and to whom disbursed, for the six months preceding said report, 
and shall receive, as his compensation, two and one half per cent, 
on the amounts paid out by him. 

§1122. (§1095.) Local laws not repealed. Nothing in the preced-^^p^'^^Qj^^^- 
ing section shall affect the distribution of funds arising from fines 
and forfeitures, or the compensation of county treasurers, as regu- 
lated by any local law. 

§1123. (§1096.) Exceptions. The foregoing sections do not apply -^^^l^i^^^, 
to a city court ; nor do they authorize a judge to draw his warrant to 
pay insolvent costs, or costs where the defendant has been acquitted, 
on any other fund in the county treasury than the fund arising from 
fines and forfeitures, nor do they affect any local law. 

§1124. (§1097.) Fund arising from the labor of convicts. When^^^l^^^^-'^' 
a county hires out convicts, the money received as compensation for 
their labor shall be applied to the payment of the fees of the officers 
of court, including justices and constables who rendered services in 
such cases, and to the witnesses' fees, and the balance shall be paid 
into the county treasury for county purposes. 



§§1125, 1126 SALARIES AND FEES OF OFFICERS, ETC. 236 



Illegal fees. Solicitor-general. 



SALARIES AND FEES OF OFFICERS, 
WITNESSES, AND JURORS. 



ARTICLE 1. 
Illegal Fees. 



Cobb, 357. 
§306. 



§1125. (§1098.) Officer dismissed for taking illegal fees. Any 

public officer who shall charge or take fees not allowed by law, or 
for service not performed, shall, on conviction or proof thereof, be 
dismissed from office. 



ARTICLE 2. 
Solicitor-general. 

^362,' 3^6?,' 456. §1126. (§1099.) Salary and fees of solicitor-general. The salary 
per annum of each solicitor-general is two hundred and fifty dollars. 
His fees are as follows : 

For each person prosecuted for a capital offense $ 50 00 

For each person prosecuted to trial or plea of guilty for any 

other felony, and for any violation of the laws against 

gambling 25 00 

'p!^.'^^'^' When any person is indicted or prosecuted for assault with 
1S66,' p.' 21.* intent to murder, and shall be convicted or plead 

guilty of assault and battery, or assault 5 00 

For each person indicted or presented 5 00 

For each person prosecuted to trial or plea of guilty for any 

offense not otherwise provided for 5 00 

For every bill of indictment ignored by the grand jury .... 5 00 
For a peace w^arrant tried or disposed of by the court .... 5 00 
For attending at judge's chamber to take the affidavit of 

any person in criminal cases 1 00 

For drawing an affidavit, or any instrument of writing, 

per copy sheet 10 

For drawing capias against a person indicted or presented 

and not bound over 50 



237 SALARIES AND FEES OF OFFICERS, ETC. §§1127-1129 

Solicitor-general. 

For drawing a capias against each defaulting juror 50 

For entering a nolle prosequi 25 

For each proceeding to enforce a recognizance 5 00 

For every amount collected on such proceedings 5 per cent. 

For plain collections for the State .5 per cent. 

For litigated collections for the State 10 per cent. 

For every proceeding instituted to forfeit a charter $ 100 00 

For services in cases not mentioned, where the State is 
an interested party, at the discretion of the Governor, 
not exceeding 50 00 

For services in the Supreme Court his fees are : 

In capital cases 50 00 

Other felonies , . 30 00 

All other cases 15 00 

For litigated recognizances, double fees and commissions. 

His fees for prosecuting in the superior court the felonies which ^^^IgJ'^^-^'^' 
were reduced to misdemeanors by the Act of March 20, 1866, are^^*^^- p- ^^^• 
the same as they were before said Act. 

§1127. (§1100.) Certificate of services. They shall not ^be paid 
fees for litigation, without the certificate of the presiding judge that 
they are properly and faithfully claimed as such ; nor on any bill 
for any species of gaming, where the same is entered nol. pros. 

§1128. (§1101.) State to pay fees in Supreme Court, when. The 

fees of the solicitors, for services rendered in the Supreme Court, 
shall be paid by the State, on the warrant of the Governor, in all 
cases when the solicitor shall present the certificate of the clerk of 
the Supreme Court as to services, and of the clerk of the superior 
court to the fact that the defendant was acquitted, or was unable 
to pay the costs. 

§1129. (§1102.) In city court cases. Their, fees in city courts shall Acts^iss4-5, 

be as follow^s : is9o-i7p. 96. 

For every case prosecuted to trial or plea of guilty, which ' ^' 

originates by accusation in the city court $ 10 00 

For every indictment prosecuted to trial or plea of guilty . . 5 00 

For every case for a violation of the gambling laws of this 

State 25 00 

For representing the State in each case carried to the Su- 
preme Court from the city court 15 00 

For all services for which this section does not provide, he shall 

receive the same fees as are allowed by law for similar services in 

the superior court. 



§§1130-1132 SALARIES AND FEES OF OFFICEES, ETC. 238 



stenographic reporter. Special criminal bailiffs. 



^%l^^^'"' §1130. (§1103.) In Supreme Court. He shall, for his services in 
the Supreme Court, be paid out of the treasury of the State, by war- 
rant drawn by the Governor upon certificate of the clerk of the Su- 
preme Court as to the performance of such services, and the certifi- 
cate of the clerk of the city court of the insolvency or acquittal of 
defendant. 



ARTICLE 3. 

Stenographic Reporter. 

"^p.^iss^^^' §1131. (§1101.) Compensation in criminal cases. The compensa- 

]lio?' ^' ^^^' tion of the reporter, or stenographic reporter, for taking down testi- 
mony in the trial of such criminal cases as are required by law to 
be recorded, shall be fifteen dollars per day, which sum shall be 
paid by the county treasurer, or other officer having charge of the 
county funds of the county wherein such criminal cases shall be 
tried, on the certificate and order of said judge as to the number 
of days he has been employed; but not exceeding twenty-five hun- 
dred dollars shall be paid in any one year for work done in that 
year out of funds of any one county. In cases of conviction, the 
costs of reporting, as provided in this section, shall be entered up 
against the defendant, on which judgment the clerk of the superior 
court shall issue execution, and the money arising therefrom shall 
be deposited in the treasury of the county where such conviction 
was had, to be held as other county funds are held. Said reporter 
or stenographer shall, for reports of evidence and other proceed- 
ings by him furnished, be paid by the party requesting the same, 
at a rate not to exceed ten cents for each one hundred words 



ARTICLE 4. 

Special Criminal Bailiffs. 

Acts^i89o-i, §1132. (§1105.) Their compensation. The compensation of special 
§§808, 809. criminal bailiffs shall be fixed by the ordinary, or by the county com- 
missioners in those counties where such boards exist, and shall be 
paid out of the county treasury on warrants drawn by the ordinary 
or the board of commissioners of roads and revenues in the several 
counties where such bailiffs are appointed. 



239 SALARIES AND FEES OF OFFICERS, ETC. §§1133, 1134 



Clerks of the superior courts. SherifEs. 



ARTICLE 5. 

Clerks of the Superior Courts. 

§1133. (§1106.) Clerks of superior courts. The clerks of the supe-Acts isso-i, 
rior courts shall be entitled to charge and collect the following fees 
for official duties performed by them, to wit : 
For service in docketing and entering bills of indictment or 

presentments on minutes in case of nolle prosequi $ 3 00 • 

For services in said cases when defendant is tried or pleads 

guilty, or there is a settlement 6 00 

For transcribing record and evidence in State cases, per one 

hundred words 15 

For recording forfeiture of bond on minutes 1 00 

For issuing scire facias after forfeiture, original 1 50 

For each copy 1 00 

For subpoenas, each 15 

No statute of force, which provides compensation for said clerks 
for discharge of a duty not herein provided for, is hereby repealed. 



V 



ARTICLE 6. 
Sheriffs. 



§1134. (§1107.) Sheriffs. The sheriffs are entitled to the follow-Acts isso-i. 

mg fees, to wit : is94. p. 48. 

For removing prisoner when habeas corpus is sought for his 

relief $ 1 25 

For removing a prisoner by order of any court, and for bring- 
ing back fugitives from justice to the county where the 
crime was committed, to be paid out of the county treas- 
ury upon approval of the county commissioners or ordi- 
nary, per day 2 00 

and actual necessary expenses. 

For removing a prisoner under habeas corpus, when no mile- ^^^^' ^■^^• 

age is paid, per day 2 00 

For attending a person taken by warrant to the judge's cham- 
ber, for each time 1 25 

For conducting a prisoner before a judge or court to and 

from jail 1 25 

For executing and returning a bench-warrant 2 00 



§1135 SALARIES AND FEES OF OFFICERS, ETC. 240 

Jailers, deputy jailers, and guards. 

For apprehending a person suspected, if committed or held 

to bail 2 00 

For each person, not exceeding two, who may be employed to 

guard a prisoner to and from jail, per day 1 50 

^p%2^^^^' ^^^ summoning each witness 50 

For taking bonds in criminal cases 1 00 

For executing a criminal 10 00 

For executing a warrant of escape 1 00 

^1105 ^^^' Mileage fees, executing criminal, and for guards, herein provided, 

shall be paid by the county; and no criminal cost herein provided 
for shall be collectible out of the defendant until after conviction, 
except costs accruing upon forfeited recognizances. 

Sheriffs, being ex-officio jailers, shall receive the following fees for 
official duties performed by them, to wit : For turning key on re- 
ceiving, discharging, or conducting a prisoner before any court, 
sixty cents. For dieting a prisoner confined in jail on any ground 
whatever, such fees as may be fixed by the ordinary or commission- 
ers of the county, who are invested by law with power to fix said 
fees. Whenever jail fees are chargeable to the county, the same 
shall be paid monthly. Provided, that no local law regulating county 
jails or fixing salaries for jailers, or their fees, shall in any way be 
affected or repealed by this section. 

All laws and parts of laws in conflict with this, section are hereby 
repealed ; except that no statute in force in this State, which provides 
compensation for sheriffs for discharge of a duty not herein pro- 
vided for, shall be hereby repealed, but the same shall continue in 
force, and except that no local law shall be hereby affected : Pro- 
vided, that if provision be made by local or special law for such 
special compensation, then the sheriff shall not be entitled to com- 
pensation both under this section and under such local or special 
law. 



ARTICLE 7. 
Jailers, Deputy Jailers, and Guards. 

Acts 1875, U135. (§1108.) Jailers. Jailers are entitled to the following fees, 

p. 22. -^ ^ -^ ^ o ? 

1880-1, p. 76. to Avit : 

For turning the key when he receives the prisoner, sixty cents. 
For turning the key when he finally discharges the prisoner, sixty 
cents. * 

For dieting prisoners confined in jail on any ground whatever,. 



241 SALARIES AND FEES OF OFFICERS, ETC. §§1136-1139 

Jury commissioners and clerks. Justices of the peace. 

such fees as may be fixed by the ordinary of the county, who is 
hereby invested with the power to fix said fees. 

"Whenever jail fees are chargeable to the county, they shall be 
paid monthly. 

This section shall not vary or repeal any local act regulating the 
fees of jailers. 

§1136. Deputy jailers and guards in certain counties. The Gom--^^^l^l^^'^' 
pensation of the deputy jailer in counties of this State, having 
therein cities of a population of not less than fifty thousand and not 
more than seventy-five thousand inhabitants, , shall be not more 
than one hundred and twenty-five dollars per month, in the dis- 
cretion of the county commissioners, and the compensation of the 
jail guards shall be not over seventy-five dollars per month, in the 
discretion of the county commissioners, which compensation for 
deputy jailer and jail guards shall be paid by said counties. 

§1137. Census evidence of population. The United States census 
shall be conclusive evidence of the population of the cities in said 
counties; and the preceding section shall apply to all counties that 
may have within their limits cities of not less than fifty thousand 
and not more than seventy-five thousand inhabitants. 



ARTICLE 8. 
Jury Commissioners and Clerks. 

§1138. (§1109.) Jury commissioners and clerk. Jury commis- 
sioners shall receive two dollars each for every day's service in re- 
vising the jury-lists, to be paid from the county treasury. 

The clerk of the board shall receive three dollars for each day's§8i7. 
service, to be paid in like manner. 



ARTICLE 9. 

Justices of the Peace. 

§1139. (§1110.) Justices. Justices of the peace shall have the fol-Atts^is77, 
lowing fees, to wit : 

For each criminal warrant issued by them $ 1 25 

For taking examination of a person charged with a criminal 

offense 1 25 



§§1140-1142 SALARIES AND FEES OF OFFICERS, ETC. 242 



Constables. Coroners. Ordinaries. 



For examining each witness in criminal cases 30 

For making out a commitment 35 



ARTICLE 10. 
Constables. 



pp. 84, 85. 



^'n'«f^I^. §1140. (§1111.) Constables. The fees of constables shall be as 

follows : 

For summoning each witness $ 30 

For attending each trial on a day different from regular 

court day 35 

For summoning jury on inquest 1 00 

For attending grand jury, per day 1 00 

For serving warrant in criminal cases 1 25 

For keeping and maintaining prisoner before examination, 

not exceeding twenty-four hours 75 

For taking bond in criminal cases 1 00 



ARTICLE 11. 
Coroners. 

Acts' 18789, §1141. (§1112.) Coroners. Coroners' fees are as follows, to wit: 
§§1388-1402. ^^^ summoning an inquest on a dead body and returning an 

inquisition $10 00 

For furnishing coffin and burial expenses 15 00 

When performing the duties of a sheriff, his fees are the same 
as a sheriff's. 

No coroner shall receive out of the county treasury of any county 
more than fifteen hundred dollars per annum, either as fees for 
holding inquests or for burying the dead bodies. 



ARTICLE 12. 
Ordinaries. 



Acts^i893, §1142. (§1113.) Ordinaries. Ordinaries, for filing and recording 

§379. Q]2 the minutes the bond required of a seducer when he obtains a 



243 SALAEIES AND FEES OF OFFICERS, ETC. §§1143-1148 



Witnesses from other counties, and when venue is changed. 



marriage license, shall have a fee of one dollar, to be paid by the 
seducer. 



ARTICLE 13. 

Witnesses from other Counties, and When Venue Is Changed. 

§1143. (§1114.) Subpoena for non-resident State's witness. No Acts i878 9, 
subpoena for a non-resident witness for the State shall be issued, 1893, p. 38. 
unless signed by the clerk of the court and the solicitor-general of 
the circuit. 

§1144. (§1115.) Pay of non-resident witness. A witness for the Acts ists-q, 

. "^ . . p. 66. 

State attending in a different countv from that of his residence 1803, p. 38. 

° *^ . . 1894, p. 50. 

shall receive two dollars per day during his attendance, and his 1007, p. ss. 
actual traveling expenses, not to exceed four cents per mile in going 
and returning. If he is subpoenaed in more than one case, he shall 
receive per diem pay and mileage in one case only : Provided, that a 
witness whose residence or usual place of business is within three 
miles of the court-room attended by him shall be paid for attend- 
ance seventy-five cents per day, and no mileage. 

§1145. (§1116.) How collected. The claim shall be verified, by theActysTs-e, 
witness, on the subpoena, and shall distinctly state the days of the^^^^- i'- ^^■ 
month of the attendance, and the number of miles traveled ; and the 
attendance and mileage shall be certified by the solicitor-general 
after the case has been tried or disposed of for the term. The 
amount due shall then be paid out of the county funds, and, in case 
of conviction, shall be taxed in the bill of costs. 

§1146. (§1117.) Local laws not repealed. Laws requiring county ^^^^gi^^^- 
commissioners in particular counties to approve accounts against . 
the county are not affected by the preceding section, nor does it re- 
peal any local law on the subject of paying witnesses. 

§1147. (§1118.) May apply to defendant's witnesses. The f ore- ^'^^^^ 18^3, 
going provisions of this Article shall apply to the defendant's wit- 
nesses when, in the discretion of the presiding judge, the end of jus- 
tice may demand it. 

§1148. (§1119.) When the venue has been changed. Witnesses at- ^cts isto. 
tending court out of the county of their residence, for the purpose of 
testifying in cases in which the venue has been changed, shall re- 
ceive the fees of Avitnesses as prescribed in this Article, and shall be 
paid by the county treasurer out of the county funds of the county 
where the case originated. 



§§1149-1153 



COUNTY JAILS. 



244 



Duties of jailer. 



COUNTY JAILS- 



AETICLE 1. 



Duties of Jailer. 



1844. 



Oobb, 201. 
202. 



Acts 1889, 
pp. 47, 48. 



Acts 1889, 
pp. 47, 48. 



§1149. (§1120.) Sheriffs are jailers, and may appoint jailers. 

Sheriffs are, by virtue of their offices, jailers of the counties, and 
have the appointment of jailers, subject to the supervision of the 
ordinary, as prescribed by law. 

§1150. (§1121.) Jailers take oath and give bond. Before entering 
on the duties of their office, such jailers must give to the sheriff bond 
and surety for the sum of one thousand dollars, conditioned for the 
faithful performance of their duties as jailers, and shall take and 
subscribe before the ordinary of the county the following oath, viz. : 
"I do swear that I will well and truly do and perform, all and sin- 
gular, the duties of jailer for the county of , and that I will 

humanely treat prisoners who may be brought to the jail of which 
I am keeper, and not suffer them to escape by any negligence or in- 
attention of mine, go help me God." 

§1151. (§1122.) When coroner is keeper of the jail. The coroner 
is keeper of the jail when the sheriff is imprisoned or absent from 
the county, leaving no deputy. 

§1152. (§1123.) United States prisoners. The keeper of a county 
jail may decline to receive a prisoner from the custody of any 
person acting under the authority of the United States, or he may 
receive such prisoner if the consent of the officer having control of 
county matters is first obtained. If the keeper receives such pris- 
oner, it shall be under like penalties and subject to the same action 
as in the case of prisoners committed under the authority of the 
State. 

§1153. (§1124.) When notice of refusal shall be given. If the 

keeper of the jail consents to receive a prisoner, as provided in the 
preceding section, neither he nor the county authorities shall refuse 
to receive any prisoner so committed by the authority of the United 
States, unless twenty days written notice be previously given by 
such sheriff to the United States marshal, or other officers of the 



245 COUNTY JAILS. §§1154^1156 



Duties of jailer. 



United States charged with the custody of United States prisoners, 
of his refusal to receive any more prisoners committed by the United 
States authorities. 

§1154. (§1125.) Record of prisoners to be kept. The sheriff shall ^^ts^is^?. 
keep, in a well-bound book provided for that purpose, a record of all 
prisoners committed to the jail of the county of which he is sheriff, 
which record shall contain the name of the person committed, age, 
sex, and color, under what process committed, and from what court 
issued, the crime charged, the date of commitment to jail, and the 
day of discharge, and under what order discharged, and the court 
from which it issued; which book shall, at all times, be subject 
to examination by any person, and the sheriff shall keep the book on 
file in his office : Provided, that in the county of Richmond the book 
shall be kept by the jailer, as provided for sheriffs, except that it be 
kept in the jail. 

§1155. (§1126.) Grand jury to inquire into record. It shall be theActs istt, 
duty of the grand jury, at each term of the court held in the county, 
to inquire into the contents of the record kept ; and if not kept, or if 
incorrectly kept, they shall so report to the court, and upon such 
report being made the judge presiding shall cause the solicitor-gen- 
eral to have the sheriff served with a rule, requiring him to show 
cause why he should not be punished for contempt ; and the judge 
shall inquire into the facts, and if he shall find that the preceding 
section is not complied with, he shall impose a fine of not less than 
twenty-five nor more than fifty dollars for the fir^t offense, and not 
more than one hundred dollars and not less than fifty dollars for 
each subsequent offense, which fine shall be enforced and collected 
by attachment, as in other cases of attachments against sheriffs. 

§1156. (§1127.) Duties of the sheriff. It is the duty of the sher-cobb, sss. 
iff— 

To take from the preceding sheriff custody of the jail and the 
bodies of such persons as are confined therein, with the precept, writ, 
or cause of detention. 

To furnish prisoners with medical aid, fire, and blankets, to be 
reimbursed, if necessary, from the county treasury ; and to suffer a 
penalty for neglect, as prescribed in this Code. 

To take all prisoners arrested, or in execution under any criminal 
or civil process, to the jail of an adjoining county, or to the jail of 
some other county when more accessible, if the jail of the county is 
in an unsafe condition, under such rules as are prescribed in this 
Code. 



mi57-1160 COUNTY JAILS. 246 



Jails, control of, in certain counties. 



§1157. (§1128.) Defaulting sheriffs fined for contempt. If any 

sheriff or deputy fails to comply with the provisions of the preceding 
section, he shall be fined for a contempt, as the clerk of the superior 
court is in similar cases. Section 4897 of the Civil Code also applies 
to sheriffs. 

Acts 1868, §1158. (§1129.) Duty of officers when venue is changed. In all 

cases in which a change of venue shall be made, the sheriff of the 
-county from which the prisoner is to be moved shall carry the 
prisoner to the county to which the change of venue was directed, 
and deliver him to the sheriff of said county, who shall then take 
charge of such prisoner as in other cases. The sheriff of the county 
from which the prisoner is to be removed shall carry with him and 
deliver to the sheriff the warrant under which the prisoner was 
arrested, or the commitment. The clerk of the superior court of the 
county from which the prisoner has been removed shall send a true 
transcript of the order for the change of venue, together with the 
evidence before the court, of inquiry, and all other papers connected 
with the case, to the superior court of the county to which the pris- 
oner has been transferred. 



ARTICLE 2. 

Jails, Control of, in Certain Counties. 

Acts 1895, §1159. (§1130.) Jails and inmates controlled by county commis- 

sioners. The jail and persons confined therein shall be under the 
control of the county commissioners of roads and revenues as pro- 
vided for in this Article. They shall have power to make proper 
rules and regulations for the government and control of the jailer 
and jail and the prisoners and inmates. 

Acts 1895, §1160. (§1131.) Appointment of jailer, deputy, guards, oaths, and 

bonds. The board of commissioners of roads and revenues shall 
appoint the jailer, and he shall have the appointment of one deputy 
jailer subject to the approval and supervision of the county commis- 
sioners. The deputy and jailer shall, before entering on the duties 
of their offices, give to said commissioners bond and security in the 
sum of not less than one thousand dollars each, conditioned for the 
faithful performance of the duties of their offices as jailer and 
deputy jailer, and shall take and subscribe before the ordinary of 
the county the folloAving oath: "I do swear that I will well and 
truly do and perform, all and singular, the duties of jailer and dep- 
uty-jailer for said county, and that I will humanely treat all pris- 



247 COUNTY JAILS. §§1161, 1162 



Jails, control of, in certain counties. 



oners who may be brought to the jail of which I am the keeper, and 
not suffer them to escape by any negligence or inattention of mine. 
So help me God." Which bond and oath shall be filed and recorded 
as those of a sheriff's deputies. The jailer shall also have the ap- 
pointment of such jail guards as the county commissioners may 
deem necessary for the protection of the jail. 

§1161. (§1132.) Salaries and how paid. In lieu of, and in full Acts ^isos, 
compensation for, all fees now allowed by law for dieting prisoners, 
receiving prisoners, turning keys, or other fees as jailer, the jailer 
shall receive an annual salary not to exceed fifteen hundred dollars, 
payable in monthly installments out of the county treasury of the 
county on the order of the county commissioners, which order shall 
be a good voucher to the treasurer of the county ; and the deputy- 
jailer shall receive in full compensation for his services an annual 
salary not exceeding the sum of nine hundred dollars, to be fixed by 
the county commissioners, payable in the same manner as above 
prescribed for the jailer. The jail guards shall receive as full com- 
pensation for their services a sum not exceeding sixty dollars per 
month each, to be fixed by the county commissioners of roads and 
revenues, and to be paid in manner as above prescribed for jailers, 
and as hereinafter provided. 

§1162. (§1133.) Jailer's monthly report. The jailer shall make a Acts 1895, 

p. 81. 

report in writing to the commissioners on the first day of each 
month, stating — 

1. The condition of the jail; 

2. The names and number of prisoners received in and discharged 
from the jail during the preceding month ; 

3. The names and number of prisoners sent from the jail to the 
penitentiary or county chain-gang; 

4. The names and number executed according to law, during the 
preceding month ; 

5. The names and number of such as were under treatment by 
the jail physician for sickness or disease ; 

6. The names and number of lunatics, and what was done with 
them ; 

7. The names and number of prisoners on the county chain-gang : 

8. The number of pounds and quantity of meat, bread, flour, 
meal, or other provisions, and all supplies on hand ; 

9. All sums of money received by him as jailer for receiving, 
dieting, and keeping prisoners, and turning keys on them, commit- 
ted by the United States authorities, or by the authorities of other 
counties, or from other sources except hereinafter specified ; 



§§1163-1165 COUNTY JAILS. 248 



Jails, control of, in certain counties. 



10. Any other information required by the commissioners, neces- 
sary to place them in possession of full knowledge of the con- 
dition of the jail and its inmates. 

The money mentioned in paragraph 9 shall be paid into the 
county treasury, and the receipt of the county treasurer shall be a 
sufficient voucher for the jailer, and he shall deliver a duplicate 
receipt to the commissioners or their agent. 

^p^.*8i!^^^^' §1163. (§1134.) Expenses, how paid; necessaries supplied to in- 

mates ; bids ; and returns. The commissioners shall draw their war- 
rants on the county treasurer for all expenses of the jail, and no fees 
shall be charged for dieting, or for other purposes, against the 
county in which these provisions are of force, as to prisoners sent 
to the jail from a court or magistrate whose expenses are paid out 
of the county fund. They shall supply the persons in jail, and pris- 
oners under the control of the commissioners, with provisions and 
other necessaries and supplies at prime cost, and for the lowest cash 
prices ; and they shall advertise for competitive bids for the same, 
reserving the right to reject any and all bids. They shall make to 
the grand jury at the spring term of the superior court each year, for 
inspection, a return of all receipts and expenditures of the jail, with 
proper reference to the vouchers and presenting all bids made as 
aforesaid. 

^p%i895, §1164. (§1135.) Counties to which this Article applies. The pro- 

visions of this Article shall not extend to any county unless there is 
in it a city of over sixty-four thousand inhabitants according to the 
census taken by the United States, nor shall they apply to any 
county having local legislation on the subject. 

A^cts^i895, §1165. (§1136.) When the provisions of this Article take effect. 

The provisions of this Article shall take effect on the first day of 
January, eighteen hundred and ninety-seven: Provided, however, 
in the meantime the same shall have been voted on by the qualified 
voters of the counties to be affected thereby, at the time of the next 
regular election for county officers ; at which election all the qualified 
voters who favor its adoption in said counties shall have written or 
printed on their ballots the words, "For management and care of 
jails by county commissioners," and those who oppose the same shall 
have printed or written upon their ballots the words, "Against 
management and care of jails by county commissioners;" and if a 
majority of the votes cast at the election shall be for the management 
and care of jails by the county commissioners, then this Article shall 
become operative in that county at the date aforesaid. The result 
of the election shall be declared by the authority declaring the result 
of the election held for county officers. 



349 MISDEMEANOR CONVICTS. §§1166-1170- 



How disposed of. 



MISDEMEANOR CONVICTS. 



ARTICLE 1. 
How Disposed of. 

§1166. (§1137.) How disposed of. "When misdemeanor convictsActs i8T4, 
are sentenced to work in a chain-gang on the public works or roads, 
or are confined in jail for non-payment of fines, the ordinary, county 
judge, or board of commissioners of the county where the convic- 
tions were had, or where the convicts are confined, may place them; 
in the qounty or elsewhere, to work upon the public works of the 
county, in chain-gangs or otherwise. 

§1167. (§1138.) Safe-keeping, support, and employment. The^p%i«^^-^' 
county authorities having control of convicts shall provide suitable ^^^®' ^- ^^' 
places for their safe-keeping and their support by the county, and 
shall employ necessary overseers and guards for their safe-keeping 
and constant and diligent employment upon the public works. 

§1168. (§1139.) Counties may combine. For the purposes speci- 
fied in the preceding sections, two or more counties may combine, 
keep, and work together the convicts, on such terms, and on such 
public works anywhere in the State, as they may agree upon. 

§1169. (§1140.) When demand for convicts may be lodged. When^^^*^ iot^ les 
a county or incorporated city, town, or village has organized, or de- 
termined to organize, a chain-gang, to work misdemeanor convicts 
on its roads, streets, or other public works, it may lodge demands 
for such convicts with the clerk of any court having jurisdiction to 
try misdemeanors, and such clerk shall file the same, noting date of 
receipt by him. 

§1170. (§1141.) Oldest demand to be filled first. When any per-^^^s^^^"^' 
son shall be convicted of a misdemeanor and sentenced to work on 
the public works, in chain-gangs or otherwise, he shall be delivered 
to the county or municipal corporation having the oldest unfilled 
demand on file with the clerk aforesaid, unless the county in which 
the conviction is had shall have, within its own limits, an arrange- 
ment for working convicts on the public works of the county, or 
some municipal corporation thereof, in which case the convicts 
may be retained and worked in that county. 



§§1171-1176 



MISDEMEANOR CONVICTS. 



250 



Whipping-bosses. 



Acts 1878-9, 
p. 168. 



Acts 1908, 
p. 1119. 



Acts 1S92, 
p. 94. 



Acts 1892. 
p. 94. 



§1171. (§1142.) County authorities shall not demand or receive 
fees for delivery. The county authorities, in which such convictions 
may be had, shall not demand or receive from any other county or 
any municipal corporation any bonus, fees, or compensation, for the 
delivery of the convicts. 

§1172. (§1143.) Counties may not hire out convicts. Except as 
provided in section 1216, no person or official shall hire to any other 
person or corporation any misdemeanor convict, and it shall be 
unlawful for any person or corporation to work any such misde- 
meanor convict so hired. 

§1173. (§1144.) One county may establish camps in another for 
quarrying, etc. County authorities having control of a chain-gang- 
may establish camps beyond the limits of their respective counties, 
at any point in this State, for the purpose of quarrying or gathering 
rock, gravel, or other material to be used by said county in the im- 
provement of its public roads, or the streets of any city situated 
therein. The consent of the county commissioners, ordinary, or 
county judge of the county in w^hich the camps are to be located 
shall be first obtained. 

§1174. (§1145.) Machinery for such camps. Any county estab- 
lishing a camp as provided in the preceding section may, in con- 
nection therewith, purchase, use, and control any machinery neces- 
sary for the purpose of crushing rock or preparing the same for 
use on the public roads, or any public building in their respective 
counties, in as full and ample a manner as if the work were carried 
on within the limits of their respective counties. 



Acts 1890-1, 
pp. 211, 212. 



Acts 1890-1, 
p. 212. 



ARTICLE 2. 

Whipping'-bosses. 

§1175. (§1146.) Appointment of whipping-bosses. The authori- 
ties of any county or municipal corporation, employing or having 
labor performed by convicts in such county or municipal corpora- 
tion, may appoint a whipping-boss for such convicts, and fix his 
compensation and prescribe his duties. Proper and necessary disci- 
pline may be administered by the superintendent or other officer or 
person having control, under authority, of a convict, without the 
employment of a whipping-boss. 

§1176. (§1147.) No whipping save when reasonably necessary. 

No whipping shall be administered to a convict by a Whipping-boss 



251 MISDEMEANOR CONVICTS. §§1177-1180 



Time shortened for good behavior. Convicts produced as witnesses. 

or other officer or person, except in cases where it is reasonably 
necessary to enforce discipline or compel work or labor by the con- 
vict. 

§1177. (§1148.) Rules to be prepared and published for govern-^^*!^^^^^!' 
ment of convicts. Said authorities shall prepare and have published 
full and complete, reasonable and humane rules and regulations for 
the government of the convicts under their control, which rules may 
be amended as occasion may require, but shall specifically prescribe 
the powers and duties, in all respects, of the superintendent, com- 
missioner, guard, whipping-boss, or other person connected with 
the management of convicts, as to their care, keeping, control, work, 
and discipline. 

§1178. (§1149.) Superintendent, etc., not personally liable for^p^is^o-i, 
damage to convict. No superintendent, commissioner, guard, whip- 
ping-boss, or other person or employer of convicts shall be person- 
ally liable for any injury or damage to a convict resulting from the 
employment, care, keeping, control, work, and discipline of convicts 
who are under the direction of said governing authorities, respec- 
tively, in accordance with reasonable and humane rules and regula- 
tions thus adopted. 



p- 



ARTICLE 3. 
Time Shortened for Good Behavior. 

§1179. (§1150.) Good behavior of misdemeanor convicts. Per-A^t|^i884 5, 
sons having charge of chain-gangs of misdemeanor convicts shall 
keep a book in which shall be entered the names of the convicts 
under their charge, and at the end of each laboring day they shall 
record opposite the name of each his conduct during that day ; and 
should it appear from this book that the conduct of any one has 
been good, and that he has been diligent in performing the work 
assigned to him, his time of service and confinement shall be shor- 
tened four days in each month for the time of sentence. 



ARTICLE 4. 
Convicts Produced as Witnesses. 



§1180. ('1187.' How convicts may be produced as witnesses. ^^^^Li^^^"^' 

P* 106. 

When a person who is confined in the penitentiary or in a county 



§§1181-1184 MISDEMEANOR CONVICTS. 252 

Convicts produced as witnesses. 

chain-gang, under sentence, shall be needed as a witness for the 
State in a criminal case in any of the courts of this State, the 
solicitor-general or other prosecuting officer shall make a written 
application to the Governor for the attendance of such person ; and 
when such application is approved by the judge of the court in 
which such person is needed as a witness, the Governor shall order 
the person having charge of such convict to deliver him to the 
sheriff of the county in which the convict is desired as a witness, 
and such sheriff shall receive and safely keep such convict, and 
return him to the person from whose custody he was received so 
soon as the court discharges him as a witness. 

Acts l8S2-3^ §1181. (§1188.) When needed for the defendant. If the witness 

p. 106. ^ V ^ / 

be needed for the defendant in any criminal case, the defendant or 
his attorney may make the application ; and if the same is approved 
by the judge, as provided in the preceding section, the Governor 
shall issue his order, and all other proceedings be had as in case 
of application on behalf of the State. 

Acts^i882-3, §1182. (§1189.) Expenses, when a witness for the State. In ap- 
plications in behalf of the State, the county in which the case is 
tried shall pay the per diem and mileage of the sheriff, the jail fees 
for the convict while detained in the county as a witness, and any 
other proper expense that may be incurred by the removal of the 
convict, the bill of expense to be approved by the presiding judge 
of the court in which the convict is used as a witness. In the event 
of a conviction, the expense herein referred to shall be taxed in the 
bill of cost. 

Acts 1882-3. §1183. (§1190. Expenses, when a witness for defendant. "When 
such convict shall be needed as a witness by the defendant in any 
criminal case, the defendant shall deposit enough money with the 
sheriff to cover the expense mentioned in the preceding section, 
unless he is unable to pay such expense ; and if the judge of the 
superior court of the circuit embracing the county in which such 
convict shall be needed as a witness shall, after examining into the 
financial condition of the defendant and the evidence sought to be 
obtained, determine that the ends of justice require the production 
of such convict as a witness, then the expense shall be paid as pro- 
vided in case the convict is used as a witness for the State. 

'^cts^i882-3, §1184. (§1191.) This proceeding is cumulative. The proceeding 
authorized in this Article is cumulative. 



253 THE PENITENTIARY. §§1185-1188 



Prison commission, control of convicts, duties of officers, etc. 



THE PENITENTIARY. 



ARTICLE 1. 

Prison Commission, Control of Convicts, Duties of Officers, Etc. 

§1185. Commissioners, appointment and election. The Governor Acts asg?, 
shall appoint three intelligent and upright citizens, from different i899, 'p. 67. 
sections of the State, v^ho shall be known as the Prison Commission 
of the State of Georgia, and who shall hold office until their respec- 
tive successors are elected and qualified as hereinafter provided. At 
the next general election in October, 1898, one commissioner shall 
be' elected, and at each following general election one commissioner 
shall be elected. The commission so appointed by the Governor shall 
cast lots and determine which of the said commissioners shall hold 
office until the general election in October, 1898, which shall hold 
until the general election of 1900, and which shall hold until the 
general election of 1902, and until their respective successors are 
elected and qualified. 

§1186. Terms of office and vacancies. The terms of office of the 
commissioners elected by the people shall be for a period of six 
years. In case of any vacancy, the same shall be filled by execu- 
tive appointment, and the commissioners so appointed shall hold 
their office until the next regular election and until their succes- 
sors for the remainder of their unexpired terms have been elected 
and qualified. The commissioners shall elect one of their number 
chairman. 

§1187. Oath and bond of commissioners. Before entering upon 
the discharge of the duties of their office, each commissioner shall 
take the oath required of all public officers, and shall execute a 
bond, with good security, in the sum of five thousand dollars, pay- §§276, 2-m 
able to the Governor of Georgia and his successors in office, con- 
ditioned for the faithful performance of the duties devolving upon 
him, which bond shall be approved by the Governor, and filed and 
recorded as other bonds. 

§1188. Salaries and expenses of the commissioners. The commis- 
sioners shall receive as salaries the sum of two thousand dollars each 
per annum, and in addition thereto actual traveling expenses while 
in the discharge of their duties, which salaries shall be paid as other 



§§1189-1193 THE PENITENTIARY. 254 

Prison commission, control of convicts, duties of officers, etc, 

State-house officers are now paid, and their traveling expenses by 
warrants upon itemized bills, certified by the board and approved 
by the comptroller-general. 

§1189. Office and office supplies. The commission shall have an 
office in the capitol, and such books, stationery, stamps, and other 
office supplies as may be needed shall be provided as such supplies 
are now furnished to the other State-house officers. 

^p*7o!^^^' §1190. Secretary of the commission. The commission shall select 

1908, p. 1119. ^ secretary whose duties shall be determined by the board. He 
shall receive a salary of eighteen hundred dollars per annum, and 
in addition thereto actual traveling expenses while in the discharge 
of his duties. He shall hold office at the pleasure of the board. He 
shall give his entire time to the service of the commission, and shall 
be required to take an oath to faithfully discharge his duties, and 
give a bond in such amount as may be fixed by the prison commis- 
sion, payable to the Governor, conditioned for the faithful perform- 
ance of his duties. 

Acts 1903, §1191. Power to appoint officers and physicians; salaries. The 

commission shall appoint such officers and physicians as may be 
necessary. Except as otherwise provided in this Article, the officers 
and physicians so appointed shall not receive a greater sum than one 
hundred dollars each per month. 



p. 65. 



p. 1119 



Acts 1908, §1192. Guards and wardens appointed by commission. The com- 

mission shall appoint such wardens and guards as may be necessary, 
and shall define their duties. 

§1193. Guards and wardens, their salaries, characters, and qualifi- 
cations. The pay of the guards shall not exceed fifty dollars per 
month, and that of a warden one hundred dollars per month : Pro- 
vided, that no person under the age of twenty-one years, and who 
does not furnish a certificate signed by three reputable citizens of 
his county, giving testimony of his good moral character, shall be 
employed as such warden, guard, or other employee ; and any such 
employee who shall make a false statement as to his age in order 
to procure such employment shall be guilty of a misdemeanor, and 
on conviction shall be punished as provided by law. No guard or 
warden shall be employed or retained who drinks intoxicating 
liquors to excess; and no warden or guard shall be appointed who 
does not furnish a certificate from the ordinary of the county in 
which he resides, that he is, in the opinion of said ordinary, a hu- 
mane, sober, and honest man. 



255 THE PENITENTIARY. §§1194-1197 



Prison commission, control of convicts, duties of officers, etc. 



§1194. Supervisors, their duties and salaries. The Prison Com- 
mission is hereby authorized, if they deem it necessary, to employ 
not more than four supervisors, who shall visit the various coun- 
ties, inspect the convicts and their work, and perform such other 
duties as may be required of them by the commission. If practica- 
ble, civil engineers shall be selected for these positions. The salaries 
shall not exceed one hundred and fifty dollars per month and actual 
traveling expenses. 

§1195. Other duties of supervisors. It shall be the duty of the 
supervisors to inform themselves thoroughly upon the subject of 
road building, and assist, as far as possible, those in different coun- 
ties and municipalities in planning and constructing public roads, 
bridges, and works ; and it shall be the duty of the commission to 
furnish those representing the various counties of the State, engaged 
in building roads, bridges, and public works, information on the 
subject of handling their convicts economically and successfully, 
with reference to the construction of public roads, bridges, and other 
public works in which said counties and municipalities may be en- 
gaged. 

§1196. Officers and employees, duties and liabilities. No warden, 
deputy-warden, inspector, guard, physician, or any officer or other 
employee who has charge, control, or direction of convicts, shall be 
in any manner whatever interested in the work or profit of the labor 
of any convict, nor shall receive any pay, gift, gratuity, or favor of 
a valuable character, from any person interested, either directly or 
indirectly, in such labor. Any person guilty of the violation of the 
foregoing provisions of this section shall be guilty of a felony, and 
upon conviction shall be punished by labor in the penitentiary for 
a term of not less than two years and not more than five years 
(such offense may be reduced to a misdemeanor by recommendation 
of the jury trying the case, and the court shall concur in the jury 
recommendation), in addition to a summary discharge by the Prison 
Commission from the service of the State : Provided, that the pro- 
visions of this Article shall not prohibit a camp physician from the 
regular practice of his profession. Any physician, warden, guard, or 
other employee who shall violate any of the provisions of this Ar- 
ticle, except as otherwise herein provided, shall be guilty of a mis- 
demeanor ; and it shall be the duty of the Prison Commission to 
prosecute such person. 

§1197. Oath and bond of wardens, and oath of physicians. All§23e. 
wardens and physicians shall be required to take an oath to per- 
form their duties under the law and the rules of the commission. 



§§1198-1202 THE PENITENTIARY. 256 

Prison commission, control of convicts, duties of officers, etc. 

before entering upon the discharge thereof ; and wardens shall give 
a bond in such amount as the prison commission may fix. 

§1198. Power to discharge employees. The commission shall have 
lawful authority to summarily discharge, for cause, any employee 
having either care or charge of said convicts, or said convict camps. 

^p^es!^^^^' §1199. Powers and duties of the commission. All convicts, 

whether sentenced for felony or misdemeanor crimes, and all con- 
vict camps shall be under the direct supervision of the Prison Com- 
mission, which shall provide rules and regulations for the manage- 
ment, discipline, and control of said convicts, and of said convict 
camps, subject to the approval of the Governor. The commission 
shall haVe complete management and control of the State convicts ; 
shall regulate the hours of their labor, the manner and extent of 
their punishment, the variety and quantity of their food, the kind 
and character of their clothing ; and shall make such other rules 
and regulations as will assure their safe-keeping and proper care. 

^'^^iiig^^' §1200. Sanitary rules, disinfection of quarters. It shall be the 

duty of the Prison Commission to require constant and thorough 
disinfection of the quarters of the convicts, and the observance and 
maintenance of sanitary rules and appliances. 

5^'^9- ^ §1201. Discretion of prison commission as to employment; and 

races to be separated. In exercising its discretion as to what con- 
victs shall be employed upon the State farm or farms, and in award- 
ing the labor of convicts to counties and municipalities, it shall be 
the duty of the Prison Commission, where practicable, to employ 
whites and negroes in separate institutions and locations, and they 
shall be provided with separate eating and sleeping apartments: 
Provided, that the Prison Commission shall have authority, in their 
discretion, to place any number of said convicts on the State farm, 
to be used on said farm to do farm work or such other labor on said 
farm as the Prison Commission may deem best ; and the commission 
may, at any time, when such labor is needed, upon the request of the 
authorities in charge, place as many as fifty of such convicts at 
work upon the property of any State institution. 

§1202. Inspection by the commission. It shall be the duty of some 
member of the prison commission to make personal visits to the 
various convict camps of the State, including the county road-gangs, 
every six months, and to make a thorough inspection of every detail 
of management, plan of operation, and treatment of convicts; said 
visits to be made unawares to the authorities in charge "of the various 
camps. 



257 THE PENITENTIAEY. §§1203,1204 

Prison commission, control of convicts, duties of oflBcers, etc. 

§1203. Purchase of farm and control thereof. As soon as prac--^^*^^^^^'^' 
ticable after the appointment of the commission, they shall advertise s^"^^- 
in three daily papers of the State, and, if they deem it necessary, in 
several, not exceeding ten, weekly papers, once a week for eight con- 
secutive weeks, for the purchase of not less than two and not more 
than five thousand acres of land, in one body, or in several bodies 
located in different parts of the State, the aggregate not to exceed 
five thousand acres, which shall be accessible by railroad. At the 
time specified by them in the advertisement, they shall receive writ- 
ten offers of sale for such a tract or tracts of land, which offers shall 
be accompanied by perfect abstract of title, together with a topo- 
graphical map of land showing the kind and quality of the clay, 
the stone, the water-power, the water supply, and the railroad facili- 
ties. The commission is hereby authorized to reject any and all 
offers made, or to accept the one which, after a careful inspection 
and examination, can be purchased the most cheaply, all other re- 
quirements being equal. But no purchase shall be made until the 
abstract of title has been examined and approved by the attorney- 
general. Before any purchase is made, the commission is empow- 
ered to make such contracts with any railroad in the State for 
the purpose of procuring proper railroad facilities in transporting 
freight and convicts to such point on said tract or tracts of land as 
may be deemed necessary ; but no contract shall be made incurring 
a greater cost to the State than reasonable tariff rates in transport- 
ing freight and passengers to and from said point. The commission 
shall have erected on the land so purchased suitable buildings, stock- 
ades, and appurtenances for the safe-keeping and care of the fol- 
lowing classes of convicts : Females, boys under fifteen years of 
age, and such aged, infirm, or diseased convicts as, in the judgment 
of the commission, should not be hired out. The commission shall 
provide : For the keeping of the male and female convicts separate 
and apart, so that they may not come in contact with each other. 
For the keeping, separate and apart from the other inmates of the 
prison, of minors under the age of fifteen years. For the keeping 
separate and apart of white and colored convicts when not at work, 
and when actually engaged in work to be kept separate as far as 
practicable. j 

§1204. Equipments to be purchased by the commission. The com- 
mission is authorized to contract for and purchase such furniture, 
machinery, utensils, implements, live stock, and other equipments as 
may be found necessary to carry out the intention of this Article, 
and to contract for and construct such water supply and heating 
arrangements as may be necessary. 



§§1205-1207 THE PENITENTIARY. 258 



Prison commission, control of convicts, duties of oflScers, etc. 



§1205. Certain convicts to go upon the farm. The commission 
shall place upon the property purchased the females, who shall be 
put at such labor as is best suited to their sex and strength. They 
shall also place upon said farm or farms all boys under fifteen years 
of age, who shall be put at such work as is best suited to their 
strength and age, making provisions for such moral and manual 
training as may be conducive to their reformation and restoration 
to good citizenship. Such aged, infirm, or diseased convicts as in 
the judgment of the commission should not be hired out, and such 
others as may be needed or reserved by said commission, shall be 
put at such labor as the commission may direct. 

§1206. Surplus products, how disposed of. The commission shall 
sell, to the best advantage, all surplus products of the penitentiary, 
and shall apply the proceeds thereof to the maintenance of the in- 
stitution as far as necessary. Should any surplus funds arise from 
this source, they shall be paid into the State treasury annually ; and 
the commission shall, at the end of each quarter, make to the Gov- 
ernor a detailed report of all such transactions : Provided, the com- 
mission shall have authority to furnish such surplus products, or 
any part thereof, to the Georgia State Sanitarium, the Academy for 
the Blind, at Macon, and to the School for the Deaf, at Cave Spring, 
should this be found practicable. 

"^fiiio^^' §1207. Male felony convicts, how disposed of. All male felony 

convicts, except such as are now required by law to be kept at the 
State farm, may, after March 31st, 1909, be employed by the au- 
thority of the several counties and municipalities upon the public 
roads, bridges, or other public w^orks of said counties or municipali- 
ties, as hereinafter provided. On or before the tenth day of Feb- 
ruary, 1909, and annually thereafter, prior to the 10th of February 
the Prison Commission shall communicate with the county authori- 
ties of the State and ascertain those counties desiring to use convict 
labor upon their public roads, and said counties shall, through their 
proper authorities, advise the Prison Commission, in Avriting, stating 
whether they desire to use such labor upon their roads, and the 
number desired. The proportion of convicts which each county 
shall be entitled to shall be ascertained by the Prison Commission on 
the basis of their general population as is shown by the latest 
United States census, except in those counties created since the last 
United States census, and those counties from which new counties 
have besQ created; their proportion shall be based upon the best 
information obtainable in regard to their population. Should any 
county desire to work more than its proportion of convicts upon its 



259 THE PENITENTIARY. §§1208,1209 

Prison commission, control of convicts, duties of officers, etc. 

roads, the county authorities shall in writing make requisition upon 
the Prison Commission for the number wanted in excess of their 
proportion, and the Prison Commission shall furnish the number so 
required, to be paid for by the counties as hereinafter provided. 
Any two or more of said counties of this State may combine for 
the purpose of working and improving the roads of their respective 
counties, by and with the consent and approval of the Prison Com- 
mission. In proportioning the convicts to the several counties, the 
Prison Commission shall have the power, in their discretion, to 
award the convicts to other counties than the one in which the con- 
viction was had. A county shall have the right, upon the approval 
of the Prison Commission, to deliver its quota -of felony convicts 
and also its misdemeanor convicts, if it so desires, to another county, 
to be used in the construction and repair of public roads, bridges, 
or other public works, and the county so receiving such convicts 
shall have the right to compensate the county from which the con- 
victs came, with work upon its public roads, bridges, or other 
public works, or by the exchange of an equal number of convicts. 

§1208. Every county may have its quota. Any county which has 
not taken its quota of convicts may at any time apply to the com- 
mission for them, and the commission shall, as early as practicable, 
furnish the county with its quota of convicts. 

§1209. When commission may equip and work road-working 
forces. The prison commission is hereby authorized, when in funds. 
to purchase road-working machinery, appliances, and teams, and to 
equip and organize road-working forces, the same to be used for the 
construction and repair of public roads, bridges, or other public 
works in the counties not using their convicts under the foregoing 
sections, when requested by the authorities of such counties so to 
do ; the work to be done, as far as practicable, in proportion to the 
convicts which would have been assigned to each county in case 
the county had worked its convicts. The commission may work in 
such counties as many more convicts in addition to said proportion 
as any county is willing to pay the expense of, and as the commis- 
sion may have at its disposal. When the Prison Commission works 
any force of convicts in any county, such county shall pay to the 
commission the expense, including maintenance of equipment of 
working the forces, and shall buy the material required for the 
work done in the county. The county authorities of such county 
are hereby authorized to pay said expense out of any funds raised 
for road purposes. Accurate books of account shall be kept by 
the Prison Commission of all work done and expenses incurred. In 



§§1210-1212 THE PENITENTIARY. 260 

Prison commission, control of convicts, duties of oflacers, etc. 

all cases provided for in this section, the county authorities shall 
designate the roads to be so worked or constructed. 

§1210. Excess of convicts prorated among counties using convicts. 

If all convicts are not disposed of under the preceding sections, the 
Prison Commission is authorized to place convicts in counties de- 
siring to use them in excess of their quota. Counties shall have the 
right to use as many convicts as they desire, upon the terms and 
conditions in this Article provided : Provided, that in the event the 
request by counties should exceed the number of convicts on hand,^ 
they shall be prorated between those counties making application 
for same. In such cases, the Prison Commission shall keep an ac- 
curate account of such excess of convicts, charging them to each 
county receiving them, and keeping an accurate account showing 
the counties to which they would have gone had such county used 
its convicts, and crediting them to such counties, which excess shall 
be paid back in convicts when the county so credited with convicts 
desires to use its convicts in the construction and repair of its roads, 
bridges, or other public works. 

§1211. Hiring of convicts to municipalities. After the counties 
have been provided with convicts as set forth, and if there should 
remain any convicts not otherwise disposed of, then the privileges 
conferred upon counties herein shall be extended to municipalities 
of this State, which shall have the right to hire convicts from the 
Prison Commission, in such numbers as might be agreed upon, at the 
price of one hundred dollars per capita per annum. 

§1212. Disposal of convicts not taken by counties or municipali- 
ties. After the expiration of the time fixed herein for the assign- 
ment of felony convicts to the different counties and municipalities, 
should it appear that there will remain, on March 31st, 1909, any 
felony convicts whose labor will not be used upon the public roads, 
bridges, or other public works by counties- or municipalities, or 
directly by the State, and who should not be confined at the State 
farm or farms or otherwise employed by the State, the Prison Com- 
mission may in its discretion, and with the consent and approval of 
the Governor, dispose of such convicts as it may deem to the best 
interest of the State for a period not to exceed twelve months from 
March 31st, 1909: Provided, that no convict labor shall be used 
in competition with skilled mechanical free labor, and under no 
contract by the terms of which the contractor is interested in the 
quantity of work a convict may be required to do per day ; it being 
the fixed policy of this State that the control and management of 
its convicts, both felony and misdemeanor, shall never pass from it 



261 THE PENITENTIARY. §§1213,1214 

Prison commission, control of convicts, duties of officers, etc. 

and its public officials into the control and management of any pri- 
vate corporation or person. 

§1213. Purchase or lease of lands for working convicts. In order 
to carry into effect the terms of this Article, the Prison Commission, 
with the approval of the Governor, is hereby authorized to purchase 
or lease, for a period of five years, with the option to purchase at 
any time, one or more tracts of land located at some convenient 
point, for the purpose of working the convicts thereon; but before 
said tract or tracts of land are purchased or leased, advertisements 
asking for proposals shall be published in four of the daily papers 
of this State, and the abstract of title of said land approved by the 
attorney-general. 

§1214. State farm and central penitentiary. The State farm shall 
be used as far as possible, for the purpose of making supplies of all 
kinds for maintaining the convicts, either in farm products, or 
manufacturing articles for the use of the convicts and the State 
Sanitarium and other State institutions ; and all net profits arising 
from the State farm shall be used in establishing a central peniten- 
tiary, for the purpose of working such vicious convicts as the Prison 
Commission may select. After the State farm and the central peni- 
tentiary' have been sufficiently improved for all purposes, such other 
profits arising therefrom shall be used for the purpose of purchasing 
and improving such additional farm lands and property as may be 
necessary for maintaining and working the convicts of the State. 
The Prison Commission is authorized to purchase, out of any avail- 
able funds over which they have control, a tract or tracts of land 
in the same or different parts of the State, and erect thereon suit- 
able buildings, stockade, and appurtenances for the safe-keeping 
and care of those felony convicts not worked by the several counties 
and municipalities, and may also purchase such live stock, ma- 
chinery, farm implements, furniture, etc., which may appear to be 
necessary to carry out the intentions of this Article. The commis- 
sion may confine at hard labor upon the prison farm, or on lands 
purchased under this section, convicts not engaged in work by the 
counties and municipalities, when not elsewhere engaged under the 
direction of the commission upon roads, bridges, or other public 
works ; and the commission is authorized to retain on said lands such 
convicts as are considered especially dangerous and which it is not 
deemed safe to work upon public roads or public works. The com- 
mission may, in connection with the farm work, use said convicts 
in such industrial enterprises as they may deem advisable, and to 
this end may employ the convicts in manufacturing such implements 



§§1215-1217 THE PENITENTIARY. 262 

Prison commission, control of convicts, duties of officers, etc. 

and equipments or other articles as may be needed for use on the 
State farm, or road, bridge, or other public works, and in making 
shoes and clothing and other articles for the use of the convicts 
and inmates of other State institutions ; but the commission shall 
not sell or offer for sale articles so manufactured to the public. In 
connection with any such work the commission is required to keep 
accurate and complete books and records showing the products of 
such labor, and the disposition thereof, and the expenses incident 
thereto ; and the money derived from any sales of products, after 
paying the cost of production, shall be paid into the State treasury. 

§1215. Superintendent of farms. If the Prison Commission has 
on hand convicts not provided for under the foregoing sections of 
this Article, said Prison Commission may place upon said farms 
such convicts and work the same thereon. In connection with the 
handling of convicts upon farms, the Prison Commission shall em- 
ploy such superintendents as in their discretion may be deemed 
necessary. The compensation of a superintendent shall not be more 
than twelve hundred dollars per annum and actual traveling ex- 
penses while in the discharge of his duties, together with a residence 
for himself and family, to be located on the farm of which he is 
superintendent. No superintendent shall be allowed to keep any 
live stock at the State's expense. Superintendents shall be required 
to give their entire time and attention to the duties of their office, 
and shall not engage in farming or any business in their own behalf. 

§1216. Misdemeanor convicts, disposed of. It shall be unlawful 
for any person or official, except as herein provided, to hire to any 
other person or corporation any misdemeanor convict ; and it shall 
be unlawful for any person or corporation to work any such mis- 
demeanor convict so hired ; and any person or corporation violating 
the provisions of this section shall be guilty of a misdemeanor, it 
being the duty of the Prison Commission to institute prosecution for 
violations of this provision. It shall be the duty of the Prison Com- 
mission, upon notice by the county authorities of any county of this 
State having misdemeanor convicts undisposed of under the law, 
and not having an established chain-gang and not working its mis- 
demeanor convicts on the public roads, bridges, or other public 
works, to dispose of the same as felony convicts are herein disposed 
of in this State ;. and the net funds so arising from the same shall 
be returned to said county authorities to be placed in the county 
treasury, to be used for road purposes only. 

§1217. Hire of convicts, funds how used. The net proceeds arising 
from the disposition of convicts to municipalities, or otherwise, shall 



263 THE PENITENTIARY. §§1218-1221 



Prison commission, control of convicts, duties of oflScers, etc. 



be used by the Prison Commission in working convicts upon the 
public roads or public works of the counties which do not elect to 
take convicts as herein provided, at the option of the Prison Com- 
mission ; and in the event the Prison Commission may elect not to 
work the roads in any one or more of said counties, then the pro rata 
part of said funds for said counties shall be paid into their re- 
spective treasuries, to be used for road purposes only. 

§1218. County convict farms. Any county may purchase, rent, 
and maintain a farm upon which to work any number of its con- 
victs in connection with working its convicts upon its public roads, 
bridges, and other public works ; and all products and supplies aris- 
ing from said farm shall be used in the support of the convicts, 
improvement of its public roads, bridges, and other public works, 
and in support of the county institutions. 

§1219. Reports by clerks to commission and records to be kept by§io8o 
commission. The clerk of the court wherein any person may be 
convicted and sentenced for violation of the criminal laws of this 
State shall notify the Prison Commission immediately thereafter, by 
mail, of the conviction and sentence, together with a description of 
the person sentenced, which shall give the name, crime, sentence, 
age, sex, height, weight, and apparent physical condition of such 
person, and the disposition made or to be made of said person ; and 
the Prison Commission shall keep a record of all convictions and 
sentences for violations of the criminal laws, and of the final dis- 
position of each case. 

§1220. Commission to make reports, rules, and recommendations. 

On the assembling of the General Assembly of 1898, the commission 
shall lay before that body a detailed report, showing what property ^ 

has been purchased by them, wiiat contracts have been made for 
the hire of convicts, and an itemized report of all expenditures made 
by them, and shall annually thereafter make reports to the General 
Assembly of their acts and doings. They shall also formulate such 
rules and regulations as may be deemed best for the government 
of the penitentiary in conformity with this Article, and recommend 
such legislation as may be needed to carry out their plans. 

§1221. (§1173.) Commutation of term for good behavior. The su-^^^^s isst, 
perintendent of each penitentiary camp shall keep a correct register 
to be termed the ''good conduct account," in which he shall faith- 
fully record the conduct of each convict under his charge who shall 
demean himself uprightly, and shall, in his monthly report to the 
principal keeper of the penitentiary, state the name of such convict. 



§§1222-1224 



THE PENITENTIARY. 



264 



Board of pardons. 



and each convict who shall demean himself uprightly and well shall 
have deducted, from the time for which he may have been sentenced, 
two months for the second year, three months for each subsequent 
year until the tenth year, inclusive, and four months for each re- 
maining year of the time of imprisonment. This reduction of time 
is upon consideration of continued good conduct, and shall apply 
only to such convicts who have not been sentenced to imprisonment 
for life ; and such record shall be evidence for or against the convict 
in any of the courts of this State. 



Acts 1897, 
p. 70. 



Acts 1908, 
p. 1115. 



ARTICLE 2. 

Board of Pardons. 

§1222. Board of pardons constituted. The Prison Commission is 
hereby constituted a board of pardons, whose duty shall be to in- 
vestigate all applications for executive clemency, and make recom- 
mendation to the Governor regarding the granting of the same. 
Their recommendations shall not be confined to the convicts who 
make application for pardons, but they are authorized upon their 
own motion to investigate and recommend executive clemency in 
every case deserving it. 

§1223. Prison Commission to establish rules for parole of convicts. 

The Prison Commission shall have full power to establish rules and 
regulations under which prisoners within the penitentiary may be 
allowed to go upon parole outside the confines of said penitentiary, 
but to remain within the legal custody and under the control of 
said Prison Commission and subject at any time to be taken into 
custody on order of said commission : Provided, the Governor shall 
report to the next session of the General Assembly every exercise of 
authority granted by this Article, and the reasons thereof. 

§1224. When parole shall not be granted. No parole or condi- 
tional pardon shall be granted unto any prisoner until he shall have 
served at least the minimum sentence fixed by law as punishment 
for the crime for which he has been convicted. No parole shall be 
granted, under the provisions of this Article, to any one serving a 
life sentence for treason, arson, rape, or assault with intent to rape. 
No prisoner serving a life sentence for any other crime shall be 
granted a parole, under the provisions of this Article, until he shall 
have served at least ten full years under his sentence. 



265 THE PENITENTIARY. §§1225,1226 



Board of pardons. 



§1225. Applications for parole, how made and when granted. 
The Prison Commission, with the approval of the Governor, shall 
have full power to fix and prescribe the rules and regulations under 
which applications for parole or conditional pardon shall be made 
and heard; but no parole shall be granted save upon the recom- 
mendation of every member of said commission and on approval of 
the Governor, and then only on the prison record of said prisoner 
and his history before his conviction for crime. No parole shall be 
granted any prisoner by said commission until it shall have satis- 
factory evidence that if said prisoner is released on parole he 
will be given honest employment with a good home, and, if he is 
unable to labor, that he will not become an object of public charity. 
"When said Prison Commission, after a full examination into the his- 
tory of said prisoner before the commission of the crime for which 
he has been convicted and the prison record made by him since his 
confinement in the penitentiary, shall become convinced that he is 
worthy of a parole or conditional pardon, and that his release will 
not be incompatible with the welfare of society, and that he has 
the qualities of character which entitle him to a restoration of 
citizenship, it shall fully report its reasons and findings thereon to 
the Governor with recommendation that said parole or conditional 
pardon be granted unto said prisoner ; and if the Governor approves 
of the said recommendation of the commission and so reports to it, 
then said commission shall issue its order for the release of said 
prisoner under the terms of said parole as fixed by said commis- 
sion, and he shall then be allowed to go without the confines of said 
pei;iitentiary. It shall be the duty of said commission to cause a 
certified copy of its order granting said parole and the terms and 
conditions of the same to be sent to the clerk of the court of the 
county wherein said prisoner was convicted, which shall be duly 
entered of record in said clerk's office in a book to be kept for that 
purpose. 

§1226. Rearrest of prisoner paroled. The Prison Commission shall 
have the power to issue its order for the rearrest of said prisoner at 
any time, which order when duly certified by said commission shall 
become a criminal warrant in the hands of any arresting officer in 
this State, whose duty it shall be to execute the same as any other 
criminal process and to arrest the body of said prisoner and again 
return him to the penitentiary under the order of said commission. 
When any paroled prisoner is rearrested on order of said commis- 
sion for violation of the conditions of his parole, or otherwise, he 
may be required by said commission to serve the remainder of his 
original sentence ; time paroled may or not be considered or cal- 



§§1227-1229 THE PENITENTIARY. 266 



Miscellaneous provisions. 



culated as a part of the original sentence, in the discretion of the 
commission. 

§1227. Pardon of paroled prisoners. After said paroled prisoner 
shall have served at least twelve months of his parole in a satis- 
factory manner, and, together with his history before the commis- 
sion of the crime for which he was sentenced, and his prison record, 
shall have thereby convinced said Prison Commission that lie is 
worthy of being restored his citizenship, and that he will not again 
commit crime and his final release is not incompatible with the wel- 
fare of society, said commission may upon its own motion, after hav- 
ing so made diligent inquiry and investigation, recommend unto 
the Governor that said prisoner be fully pardoned and his citizen- 
ship restored unto him ; and if said recommendation is thus ap-« 
proved by the Governor, a full pardon shall be granted upon execu- 
tive order. Unless said Prison Commission on its own motion, with- 
out outside interference or suggestion, make said recommendation 
for a full pardon, the said prisoner shall serve out the full term of 
his sentence as a paroled prisoner. It shall be the duty of said com- 
mission to keep in touch with said paroled prisoner, and require 
him by suitable rules to report himself to said commission at such 
stated periods as will enable the commission to ascertain his record 
while a paroled prisoner. The provisions of this Article shall in no 
wise impair the pardoning power vested in the Governor. 

§1228. A system of grades of behavior. There shall be established 
by the Prison Commission, or other proper authorities, a system of 
grades of behavior for said convicts. The different grades of be- 
havior shall be plainly distinguished by dress, or emblem thereon, so 
that each convict and all persons coming in contact with any con- 
victs may at once be able to determine to which grade of behavior 
said convict belongs. 



ARTICLE 3. 
Miscellaneous Provisions. 

Acts 1904, §1229. Insane convicts to be cared for at the State farm. If a 

convict is sentenced to the penitentiary and becomes insane, he shall 
be removed to and kept at the prison farm during the term for which 
he may have been sentenced, or until such insanity is cured, and 
the Prison Commission shall make such provisions for the care, 
maintenance, and medical treatment of such insane convict as are 
proper in such cases: Provided, that such convicts as are now in 



267 THE PENITENTIARY. §§1230-1236 



Miscellaneous provisions. 



the State Sanitarium under the provisions of law shall be returned 
by the superintendent thereof to the Prison Commission so soon as 
arrangements have been made to care for said convict as is pro- 
vided in this section. 

§1230. (§1174.) Expenses of trials for escapes. The expenses of^p^l^^-^^"^- 
all trials for escapes from the penitentiary or attempts to escape, 
and for all other crimes committed by penitentiary convicts while 
confined in the penitentiary, shall be paid by the State, upon a bill 
of costs to be certified by the judge trying the case. 

§1231. Protection of officers and employees at penitentiary camps, ^^^^^i^^^^- 
Guard-lines shall be established at the various penitentiary camps, 
by the deputy warden in charge, in the same way and manner that 
land lines are, except at each corner of said lines finger-boards must 
be used, on which shall be plainly stamped or written: "Guard-line 
of camp. 



5 ? 



§1232. Guard not to be passed. It shall be unlawful for any per- 
son to come inside of the guard-lines established, with gun, pistol, or 
any other weapon, or any intoxicating liquors, without the knowl- 
edge and consent of the deputy wardens in charge. 

§1233. Traffic prohibited. It shall be unlawful for any person 
to trade, traffic, buy from, or sell to a convict any article without 
the knowledge and consent of the deputy warden in charge. 

§1234. Loitering prohibited. It shall be unlawful for any person 
to loaf, linger, or stand around where convicts are employed or 
kept, after having been ordered by the deputy warden in charge of 
said convicts to desist therefrom. 

§1235. Arrests and resisting arrest. Deputy wardens shall have 
authority to deputize any person, and such deputy warden and his 
deputy are by this Article legally constituted arresting officers, 
with or without warrants, for purpose of arresting persons violating 
this Article, and any person resisting arrest shall be dealt with as 
the law directs for resisting an officer. 

§1236. Penalty. Any person violating any of the provisions of 
this Article shall be guilty of a misdemeanor, and upon conviction 
shall be fined not less than twenty-five dollars, or shall be imprisoned 
not less than six months nor more than twelve months, or shall be 
subject to both fine and imprisonment at the discretion of the court. 



§§1237-1241 GEORGIA STATE REFORMATORY. 268 

Established and how managed. 



GEORGIA STATE REFORMATORY. 



ARTICLE 1. 

Established and How Managed. 

Acts ^1905, §1237. Reformatory established. There is hereby created and 

established a State institution to be known as the Georgia State 
Reformatory. 

§1238. Convicts under sixteen years old. All persons of the age of 
sixteen years or under, who have been, after the opening of said 
reformatory, duly convicted in any of the courts of this State of 
crime not punishable by death or imprisonment for life, may, in 
the discretion of the judge having jurisdiction, be committed to the 
Georgia State Reformatory. 

§1239. Indeterminate sentence. The judge committing a person 
to the Georgia State Reformatory shall not fix a limit to the dura- 
tion of the commitment, unless the same be for more than five years, 
but shall merely commit said person to the Georgia State Reforma- 
tory ; but no sentence shall extend beyond the time when the person 
sentenced shall have arrived at the age of twenty-one yars. 

§1240. How long person committed may be held. Any person 
committed to the Georgia State Reformatory for an offense punish- 
able by imprisonment in the penitentiary may be held in the re- 
formatory for a term not exceeding five years, or, if committed for 
a longer term than five years, may be held for such longer term; 
and any person committed to the reformatory for an offense that is 
punishable as for a misdemeanor may be held for a term not exceed- 
ing two years : Provided, however, that no person shall be held 
in said reformatory after he or she has arrived at the age of twenty- 
one years. 

§1241. Prison Commission control. The general supervision, con- 
trol, and government of the reformatory shall be vested in the Prison 
Commission of Georgia, and said commission shall have power to 
make all rules and regulations necessary and proper for the em- 
ployment, discipline, instruction, and education of the inmates 
detained in said reformatory, and shall also have power to deter- 



269 GEORGIA STATE REFORMATOEY. §§1242-1245 

Established and how managed. 

mine in their discretion as to what character or kind of work any 
particular inmate shall be required at any time to perform. 

§1242. Superintendent, teachers, guards, and employees. The 

Prison Commission shall have power to appoint, with the approval 
of the Governor, a fit and proper person as superintendent of said 
reformatory, at a salary not exceeding twelve hundred dollars per 
year. The superintendent shall reside at the reformatory, and 
his lodging and board shall be furnished at the expense of the 
State. The duties of the superintendent shall be prescribed by the 
commission, and he shall be under its direction aijd control, and 
subject to removal by the commission at any time. The commis- 
sion shall also appoint such teachers, guards, and other employees 
as are necessary to the proper conducting of said reformatory, and 
shall prescribe their duties and fix their salaries ; but the amounts 
of such salaries before allowed shall be approved by the Governor. 

§1243. Inmates, how to be employed. The inmates of the reforma- 
tory shall be employed in agricultural, domestic, and mechanical 
work, and shall be given a reasonable amount of instruction in the 
elementary branches of an English education. The commission, if 
it deem best, is empowered to establish and maintain, in connection 
with the institution, a system of manual training and instruction in 
trades, and create such industries, productive or otherwise, as are, 
in their opinion, to the best interests of the inmates of the reforma- 
tory. 

§1244. Discipline. The discipline to be observed in said institu- 
tion shall be reformatory, and the commission shall have power to 
use such means of reformation as is consistent with the improve- 
ment of the inmates, as it may deem best and expedient; but a 
method of discipline shall be used as will, as far as possible, re- 
form the characters of the inmates, preserve their health, pro- 
mote regular improvement in their studies and employment, and 
secure in them fixed habits in religion, morality, and industry ; and 
the commission shall maintain such control over the inmates as will 
prevent them from committing crime, best secure their self-support, 
accomplish their reformation, and that will tend to make of them 
good and law-abiding citizens. 

§1245. Parole of inmates. The commission shall have the power 
to establish such a system of parole of the inmates as it shall deem 
proper, and shall have power to establish rules and regulations 
under which prisoners within the reformatory may be allowed to go 
outside of the grounds, but to remain while on parole within the 



^s^l246-1251 GEORGIA STATE EEFORMATORY. 270 



Established and how managed. 



legal custody and under the control of the commission and subject 
at any time to be taken back within the enclosure of the reforma- 
tory. ' 

§1246. Conditional discharge. "Whenever it shall appear to the 
commission that any person in the reformatory has reformed, after 
the expiration of one year from his or her reception therein it may, 
with the approval of the Governor, issue to him a permit to be at 
liberty during the remainder of his or her term, upon such condi- 
tions as the commission may deem best ; and the commission shall 
have power to revoke such permit in their discretion. 

§1247. Arrest and return of inmate. A written order signed by 
any member of the Prison Commission shall be sufficient warrant to 
any officer of the State, or any other person named in the order, to 
authorize the officer, or other person named, to arrest and return to 
actual custody any conditionally released or paroled inmate ; and it 
is the duty of all officers of the State to execute any such order 
placed in their hands, the same as any ordinary criminal warrant. 

§1248. Pardon of inmate. Whenever it shall appear to the com- 
mission that there is a strong or reasonable probability that any in- 
mate would live and remain at liberty without violating the law, 
and that his release is not incompatible with the welfare of society, 
the commission shall so report to the Governor, who, if he deem 
proper, may give to said inmate an absolute release, which release 
shall operate as a pardon, or restore to the prisoner so released all 
his rights of citizenship. 

§1249. Separation of races. The white and colored inmates shall 
be kept separate and distinct in all work and study. The males and 
females shall be kept separate as far as practicable. 

§1250. Eegistration. "When any person shall be received in the 
reformatory, there shall be entered in a registry book kept for that 
purpose the date of such admission, giving the name, age, sex, and 
color, and court from which committed, and for what offense. 

§1251. Record of commitment. Whenever a court shall commit 
any person to the reformatory, the clerk of the court shall furnish 
to the commission a certified record showing the order of commit- 
ment, age of the person, and the offense for which he was con- 
victed. Upon receipt of such record the commission shall send a 
proper delegated person to the place where said person is detained, 
and the officer having custody of the person shall deliver him to said 



271 GEORGIA STATE REFORMATORY. §§1252-1257 



Established and how managed. 



delegated person, and such person shall thereupon be conveyed to 
the reformatory at the expense of the State. 

§1252. Transfer from State prison farm or chain-gang. Prisoners 
in confinement at the State prison farm, or on the chain-gangs, at the 
time of the opening of the reformatory, who are of the age of six- 
teen years or under, Avho have not been sentenced for life, may, in 
the discretion of the commission, be removed by the commission to 
the reformatory ; and all the terms of this Article shall apply to all 
such removed persons. 

§1253. Deportment. The commission shall, under a system of 
marks or otherwise, fix upon a uniform plan by which it shall deter- 
mine what credit shall be allowed as earned by each inmate as the 
condition of increased privileges or of a release from the reforma- 
tory, which system shall be subject to a revision from time to time 
by the commission. Each inmate shall be credited for good personal 
demeanor, diligence in labor and study, and for results accomplished, 
and be charged for dereliction, negligence, offenses, and violation of 
any of the rules of the institution. 

§1254. Credit for good behavior. The inmates of the reformatory 
shall be credited with their good behavior, and their time of sen- 
tence shortened as is now provided by law and allowed to misde- 
meanor and felony convicts. The time of those persons sentenced 
to the reformatory for a misdemeanor shall be shortened as pro- 
vided in section 1179, and the time of those committed for a felony 
shall be shortened as provided in section 1221. 

§1255. Agricultural products. The commission shall sell to the 
best advantage all agricultural products not used in the reformatory, 
and shall apply the proceeds thereof to the maintenance of the insti- 
tution as far as necessary. Should any surplus funds arise from this 
source, they shall be paid into the State treasury annually ; and the 
commission shall at the end of each quarter make to the Governor a 
detailed report of all such transactions. 

§1256. Location. The Prison Commission shall, within three 
months from Augusta 23d, 1905, with the consent of the Governor, 
select a suitable and proper site for the reformatory upon the State 
lands in Baldwin county. 

§1257. Site and equipments. The commission shall, as soon as 
possible after the selection of the site for the reformatory, erect 
suitable buildings for the care of not less than one hundred and 



§§1258,1259 GEORGIA STATE REFORMATORY. 272 

Established and how managed. 

twenty-five inmates, with workrooms, schoolrooms, and such other 
buildings as may be necessary, and shall purchase and equip the 
same with such furniture and equipment as may be necessary, and 
shall also purchase such live stock, tools, and other supplies as the 
commission may deem necessary. The erection of the buildings and 
equipment of the same shall be vigorously carried on, so that the 
r(eformatory may be opened at the earliest practicable time, and, 
if possible, be ready for occupancy by the first day of January, 1906. 

§1258. Proclamation by Governor. Whenever the reformatory is 
ready for occupancy, the Prison Commission shall give notice to the 
Governor ; and thereupon the Governor shall issue his proclamation 
declaring the Georgia State Reformatory open and ready to receive 
the class of persons provided for in this Article. "When said 
proclamation is issued, the courts of this State shall take cognizance 
of the same, and shall, in their discretion, sentence the class of per- 
sons designated in this Article to the reformatory. 

§1259. Not to affect other reformatories. The terms of this Arti- 
cle shall not affect any county or municipal reformatory for juvenile 
misdemeanor convicts, established under the two succeeding Articles : 
Provided, that should any such county at any time abolish its re- 
formatory, the provisions of this Article shall apply to such county, 
and the inmates of the abolished reformatory shall be received in 
the Georgia State Reformatory without expense to the State of 
transportation, if such inmates are otherwise entitled to be received 
in said State institution. 



273 INDUSTRIAL FARMS. §§1260-1264 



How established, the purpose, and their management. 



INDUSTRIAL FARMS. 



ARTICLE 1. 

How Established, the Purpose, and Their Management. 

§1260. Reformatory Prison — name changed. The Reformatory Acts i9oo. 
Prison shall be called by the name of Industrial Farm instead of Re- 
formatory Prison. 

§1261. (§1192.) When county may establish. Whenever the Acts 1893, 

^ ^ "^ ^ . . PP- 120, 123. 

grand jury of a county having a population of thirty thousand shall 
recommend the establishment of an industrial farm for misdemeanor 
convicts under sixteen years of age, belonging to said county, the 
ordinary of such county shall call an election to decide whether the 
farm shall be established. 

§1262. (§1193.) Election, when and how held. The election shalU^*^ is^^, 

•^ ^ ■■> ■' ' p. 120. 

be held within sixty days after the recommendation of the grand 
jury. It shall be conducted under the same rules, and with the 
same qualifications as to voters, as govern in the elections of the 
members of the General Assembly. The votes cast shall have writ- 
ten on them ''For Industrial Farm," or "Against Industrial Farm." 
If the election results in favor of the farm, the ordinary or county 
commissioners shall establish and maintain the farm as directed in 
this ArticJe.. 

§1263. (§1194.) The purpose of the farm. The purpose of the ^^ts ^1893^^^ 
farm is the confinement, punishment, humane treatment, protection, 
and reformation of misdemeanor convicts under sixteen years of 
age ; and as far as possible, it shall be made self-sustaining by the 
profitable employment of its inmates. Every means possible shall 
be used to reform the inmates. The best influences possible shall be 
thrown around them. They shall be encouraged to self-respect, and 
every effort shall be made to build up within them qualities of char- 
acter and good citizenship. 

§1264. (§1195.) Purchase of site and erection of buildings, etc.^p"*"i2i^^^' 
The ordinary shall purchase a site, erect such barracks, stockades, 
hospitals, and other buildings, and make such other purchases, and 



§§1265-1271 INDUSTRIAL FARMS. 274 

How established, the purpose, and their management. 

do such other things as are necessary to the proper establishment 
and maintenance of the farm. 

'^^121^^'^' §1265. (§1196. Separation of sexes and races. The buildings shall 

be so constructed, and the plan of the farm shall be such, as to keep 
the sexes, and white and colored inmates, separate. 

Acts^is93, §1266. (§1197.) Rules for farm management. The ordinary shall 

make and enforce such proper rules and regulations for the man- 
agement of said farm, as will accomplish its purpose. 

Actsis93, §1267. (§1198.) Superintendent, his duties, salary, bond, and oath. 

The ordinary shall appoint a superintendent, whose duty it shall 
be to enforce the rules and regulations prescribed for the farm 
and to perform all other duties prescribed for him. He shall be 
paid such salary as may be fixed by the ordinary, and before en- 
tering on the discharge of his duties he shall give bond with good 
security in the sum of five thousand dollars, payable to said au- 
thorities, conditioned for the faithful performance of his duties as 
superintendent, and shall also take an oath faithfully to perform 
all the duties imposed on him as such superintendent. 

Acts ^1893. §1268. (§1199.) Chaplain, and other appointees. The ordinary, 

when the farm is ready to receive inmates, shall appoint a chaplain 
and a suitable number of persons to properly conduct the farm. 

Acts ^1893, §1269. (§1200.) Qualifications of appointees. The superintendent 

shall be a, man of high moral character, humane disposition, and irre- 
proachable integrity, and a competent and practical business man 
of first-class ability. All the appointees shall be persons of good 
moral character, humane disposition, capable of building up an in- 
stitution of the kind, and well qualified to influence the minds and 
hearts of the inmates to better lives and citizenship. 

Acts^i9oo. §1270. Verdict and sentence of juveniles. Misdemeanor convicts 

under the age of sixteen years, convicted in any of the courts of 
the county, shall, in the discretion of the judge, be sent to the 
chain-gang or to the Industrial Farm. If sent to the farm, it shall 
be with direction that they be therein confined and punished, and 
the jury shall in their verdict find the age of the defendant. 

Acts 1901, §1271. Minors; sentence for misdemeanors. In all counties hav- 

p. 82. ^ -^ ' 

ing over one hundred thousand people, whenever a judge sentences a 
person convicted of a misdemeanor to an industrial farm, or other 
similar institution, such sentence shall be for and during the mi- 
nority of such person unless sooner discharged, with. full power in 
the authorities having charge of such industrial farm, or similar 



275 INDUSTRIAL FARMS. §§1272-1279 

How established, the purpose, and their management. 

institution, to sooner parole or discharge snch person, if in their 
judgment he has sufficiently reformed to justify such discharge or 
parole, and such discharge or parole may be conditioned upon con- 
tinued good behavior of such person during his minority, under such 
rules and regulations as such authorities may prescribe. 

§1272. May be bound out. Said authorities may also, if they deem 
proper, bind out such person during his minority, under such rules 
and regulations as they may prescribe. 

§1273. (§1202.) Inmates to be kept at work. The superintendent 
shall keep the inmates constantly at work during week days, -allow- 
ing the proper time for rest and meals. The kind of work, and the 
number of hours to be worked each day, shall be prescribed by 
said county authorities, but the age, sex, and physical condition 
of the inmates shall be considered. 

§1274. No transfer from the chain-gang to the farm. No juvenile -^cts^i9oo, 
criminal once sentenced to the chain-gang can be thereafter trans- 
ferred to the Industrial Farm, and juvenile criminals in the chain- 
gang shall not be transferred to the Industrial Farm. 

§1275. (§1204.) Economy. In the construction, maintenance, and^^ts^isos, 
in everything connected with the farm, the strictest economy shall be 
exercised. 

§1276. (§1205.) No competition with free labor. The farm shall ^^^tys^s, 
be so conducted as to avoid all competition with free labor. 

§1277. (§1206.) Authority to raise and appropriate funds. The Acts 1893, 
ordinary is authorized to raise and appropriate the funds necessary 
to carry out the provisions of this Article. 

§1278. (§1207.) County commissioners. In counties where county ^cts ^1893^^ 
matters are under the control of county commissioners, said com- 
missioners shall have the powers, and be subject to the duties, con- 
ferred and imposed by the provisions of this Article on ordinaries. 

§1279. (§1208.) Municipalties may have reformatory prisons. ^cts ^1893^^ 
Whenever a municipality having a population of thirty thousand 
may desire to establish an Industrial Farm, it may do so by a com- 
pliance with the provisions of this Article, substituting in all things 
the municipality for the county, and the mayor for the ordinary 
or county commissioners, and making such changes as may be nec- 
essary to adapt said provisions to a municipality instead of a 
county. 



§§1280-1282 MUNICIPAL FARMS. 276 



Establishment and control. 



Municipal Farms or Other Places of Confinement ; Establishment and 

Control. 



ARTICLE 1. 



Acts 1908, §1280. Establishment authorized. Authority is hereby given to 

the municipal authorities of any city in Georgia having a popula- 
tion of not less than 54,000 nor more than 75,000 inhabitants, by 
action of its council or other governing body, to establish and main- 
tain, either alone or in connection with the county authorities of the 
county in which said city may be located, a farm, or other place 
of confinement, which may be situated within the corporate limits 
or anywhere in the limits of the county where such city is located, 
and to provide that persons convicted in the police or other munic- 
ipal courts of such city may be sent to such farm, or other place of 
confinement, to be confined and to labor during their terms of sen- 
tence. And the police or other municipal courts of such city as 
may take advantage of the authority hereby given are authorized 
to sentence persons convicted in such courts to the said farm or other 
place of confinement and to labor thereat during the terms of their 
sentences. 

§1281. Rules and regulations. Said municipal authorities are fur- 
ther authorized to make such rules and regulations touching such 
farm or other place of confinement, to the extent of the control 
thereof by the said municipal authorities, and the care, custody, and 
treatment of persons sent from the police or other municipal court, 
as may seem right and proper to the said municipal authorities. 

§1282. Minor misdemeanors, juvenile offenders. The judges of 
the State courts, located in a county where such farm or other place 
of confinement may be established, are authorized in the sentencing 
of persons convicted in such State courts of minor misdemeanors, 
and in sentencing juvenile offenders, to send them to such farm or 
other place of confinement to serve their sentences and undergo 
any labor that may be required thereat. The county authorities 
of such counties where said State courts are located are authorized 
and empowered to make rules and regulations touching the care, 
custody, and treatment of persons sent from such State courts. 



277 MUNICIPAL FARMS. §§1283-1286 

Establishment and control. 

§1283. Municipal and county authorities may make rules. Munic- 
ipal authorities are empowered, in connection with the proper county 
authorities, to control and regulate the farm or other place of con- 
finement, and the persons confined thereat, by rules and regulations 
agreed on by the municipal authorities and the county author- 
ities, when the farm or other place of confinement may be es- 
tablished and maintained in conjunction with the county authorities, 

§1284. Design of rules. The rules and regulations herein provided 
for shall be designed, not only to prevent, as far as may be, the bur- 
dening of the public by the idleness of persons convicted of offenses, 
but also to promote the just, kind, and humane treatment of such 
persons. They shall not be allowed to wear stripes or chains, and, 
as far as practicable, persons sent to such farm or other place of 
confinement shall be saved the disgrace of the name and treatment 
usually accorded convicts. 

§1285. Classification of prisoners. The authorities in charge of^^^^g^^^^' 
any place herein provided for are empowered to classify the persons 
committed there according to history, merit, and behavior, and to 
plainly distinguish such classes by dress, or by emblem thereon, 
so that all persons may at once be able to determine to which 
grade a person belongs. 

§1286. Parole or conditional pardon. The authorities in charge 
of said place may establish a system of parole or conditional par- 
dons for persons committed to said place : Provided, that the same 
shall not be applied to any person committed for a State offense 
unless and until so recommended by the Prison Commission and 
approved by the Governor. No parole shall be granted except on 
the prison record of said prisoner and his history before his con- 
viction, nor until said local authorities shall have satisfactory ev- 
idence that, if said prisoner is released on parole, he will be given 
and will accept honest employment, or, if he is unable to labor, that 
he will not become an object of public charity, that he is worthy 
of parole, that his parole will not be incompatible with the welfare 
of society, and that he has the qualities of character for and the 
bona fide intention of reforming. It shall be the duty of said au- 
thorities to send a copy of their order granting said parole and 
of its terms and conditions to the clerk of the court committing said 
prisoner, which terms and conditions shall be immediately recorded 
in a book kept for that purpose by said clerk. The presiding officer 
of said authorities shall have the power to issue his order for the 
rearrest of said prisoner at any time, which order, when duly cer- 



§§1287-1289 MUNICIPAL FARMS. 278 



Establishment and control. 



tified under seal of said authorities, shall have the force of a criminal 
warrant in the hands of any arresting officer in this State, whose 
duty it shall be to execute the same as any other criminal process, 
and to promptly apprehend and arrest the body of said prisoner and 
return him to the custody of said authorities. When any paroled 
prisoner is thus rearrested he may be required by said authorities 
to serve the remainder of his original sentence, and the time he 
was out on parole may or may not be considered, or calculated as 
a part of the original sentence, in the discretion of the authorities. 
It shall be the duty of said authorities to keep in touch with said 
paroled prisoner, and require him, by suitable rules, to report him- 
self to them, or as they direct, at such periods and places as will 
enable them to know his record while a paroled prisoner. A parole 
officer may be employed and paid. The provisions of this Article 
shall not impair the pardoning power of the Governor. 

§1287. Confirmed offenders disposed of. Unruly, disturbing, cor- 
rupting, habitual, repeating, and confirmed offenders shall not be 
sentenced to said place a second time, nor shall they be sentenced 
there the first time unless the court shall be satisfied that they will 
be neither unruly, nor disturbing, nor corrupting, nor subversive 
of the discipline or best interest of the purposes of said place or of 
the prisoners thereat. Persons coming within either of the classes 
hereinbefore specified may be sentenced by either of the courts 
hereinbefore mentioned to imprisonment and labor at any other 
penal farm in said county, of more rigid discipline, if the inmates 
of the latter are not required to wear stripes or chains. The au- 
thorities in charge of said place may in their discretion transfer 
from it to such other farm any prisoner who shall be unruly, dis- 
turbing, corrupting, or otherwise subversive of the best interests 
of the former place, or any habitual, repeating, or confirmed of- 
fender. Said authorities shall cause to be furnished at least monthly, 
to the presiding officer of any court authorized to sentence to said 
place, an alphabetical list of the prisoners thereat, containing a brief 
history of each prisoner and particularly the number of times and 
character of offenses for which he may have been sentenced by 
any court for any offense. 

§1288. Escapes. Any person convicted and sentenced hereunder, 
who shall escape from either of the places of confinement herein re- 
ferred to, shall be guilty of a misdemeanor. 

§1289. Vagrants. Vagrants and those temporarily out of work 
may go voluntarily to said place, or be informally committed there 
upon their written consent, without being regularly sent to prison : 



279 MUNICIPAL FARMS. §1289 



Establishment and control. 



Provided, written permission or commitment is first obtained there- 
for from the county commissioners or their authorized represen- 
tative: And provided further, that the county commissioners shall 
have the power to ^x the terms and conditions upon which such 
persons will be received, kept, and discharged. 



§§1290-1293 



HABEAS CORPUS. 



280 



Proceedings in applications for habeas corpus. 



SPECIAL QUASI CRIMINAL PROCEED- 
INGS. 



Habeas Corpus. 



ARTICLE 1. 



C!onst., 

Art. 1, sec. 

1, par. 11. 
§14. 

Cobb, 1131- 
1134. 



Proceedings in Applications for Habeas Corpus. 

§1290. (§1209.) Habeas corpus. The writ of habeas corpus shall 
not be suspended. 

§1291. (§1210.) When writ may issue. Any person restrained of 
his liberty, under any pretext whatever, or any person alleging 
that another, in whom for any cause he is interested, is restrained 
of his liberty, or kept illegally from the custody of the applicant, 
may sue out a writ of habeas corpus, to inquire into the legality of 
such restraint. 

§1292. (§1211.) Application, how made and what to contain. The 
application for the writ shall be by petition in writing, signed by 
the applicant, his attorney or agent, or some other person in his 
behalf, and shall state — 

1. The name or description of the person whose liberty is re- 
strained. ' ■ 11 ^ "i 

2. The person restraining, the mode of restraint, and the place of 
detention, as nearly as practicable. 

3. The cause or pretense of the restraint ; and if under pretext of 
; legal process, a copy of the process, if within the power of the ap- 
plicant, must be annexed to the petition. 

4. A distinct averment of the alleged illegality in the restraint, 
or other reason why the writ of habeas corpus is sought. 

5. A prayer for the writ of habeas corpus. 

Cobb, 543. §1293. (§1212.) Petition, how verified and to whom presented. 

V. 128. ' The petition must be verified by the oath of the applicant, or some 

1884-5!'*?. 472. othcr pcrsou in his behalf, and may be presented to the judge of a 

§792^4^" ^^' city court established on the recommendation of a- grand jury, or 

to the judge of the superior court of the circuit where the illegal 



281 HABEAS CORPUS. §§1294-1298 



Proceedings in applications for habeas corpus. 



detention exists, who may order the party restrained of his liberty 
to be brought before him from any county in his circuit ; or it may 
be presented to the ordinary of the county, except in cases of cap- 
ital felonies, or Avhere a person is held for extradition under war- 
rant of the Governor. 

§1294. (§1213.) When the writ must be granted. If upon exami- 
nation of the petition it shall appear to the judge that the restraint 
of liberty is illegal, he shall grant the writ of habeas corpus, requir- 
ing the person thus restraining the liberty of another, or illegally 
detaining another in his custody, to bring such person before him, at 
a time and place to be specified in the writ, for the purpose of an 
examination into the cause of the detention. 

§1295. (§1214.) Form of writ. The writ of habeas corpus may be 
substantially as follows: 

"State of Georgia, 1 rn * -g . 
County. 



''You are hereby commanded to produce the body of C. D., al- 
leged to be illegally detained by you, together with the cause of 

the detention, before me, on the day of , at , then 

and there to be disposed of as the law directs. 

''Given under my hand and official signature, this the day 

of . (Signed) E. F."' 

§1296. (§1215). Return day of the writ. The return day of the 
writ shall ahvays be within twenty days after the presentation of 
the petition therefor. 

§1297. (§1216.) How and by whom the writ may be served. The 

writ shall be served, by delivering a copy thereof, by any officer 
authorized to make a return of any process, or by any other citizen ; 
and the entry of the officer, or the affidavit of the citizen, shall be 
sufficient evidence of the service. The person serving the writ shall 
exhibit the original, if required so to do. - If personal service can 
not be effected, the writ may be served by leaving a copy at the 
house, jail, or other place in which the party in whose behalf the 
writ issues is detained. 

§1298. (§1217.) When and how the party detained may be ar- 
rested. If with the petition there shall be filed the affidavit of the 
applicant, that he has reason to apprehend that the party detain- 
ing or holding the other in custody will remove him beyond the 
limits of the county, or conceal him from the officers of the law, the 
judge granting the writ shall at the same time issue his precept, 



§§1299-1304 HABEAS CORPUS. 282 



Proceedings in applications for habeas corpus. 



directed to the sheriff, deputy-sheriff, coroner, or any lawful consta- 
ble of the county, requiring them to search for and arrest the body of 
the person detained, and bring him before such judge, to be dis- 
posed of as he may direct. 

§1299. (§1218.) Within what time the return to the writ must be 
made. The return of the party served with the writ shall be made 
at the time and place specified. Two days from the time of service 
shall be allowed for every twenty miles which such party has to 
travel from the place of detention to the place appointed for the 
hearing; and if the service has not been made a sufficient time be- 
fore the hearing to cover the time allowed in this section to reach 
the place of hearing, the return shall be made within the time so 
allowed immediately after the service. 

§1300. (§1219.) Return to be under oath, and body produced. 
Every return to a writ of habeas corpus shall be- under oath ; and 
if the custody or detention of the party in whose behalf the writ 
issues be admitted, his body shall be produced, unless prevented by 
providential cause, or prohibited by the law of the land. 

§1301. (§1220.) When process must be produced. In every case 
where the detention is justified under legal process, such legal proc- 
ess shall be produced and submitted to the judge at the hearing 
of the return. 

§1302. (§1221.) Transfer of custody must be stated in return. If 
the return denies the custody or detention of the party, it shall 
further state distinctly the latest date at which the custody was 
had, and when and to whom transferred ; and if it shall appear that 
the transfer of custody was made to avoid the writ of habeas corpus, 
the party making the return may be imprisoned, in the discretion 
of the judge hearing the same, until the body of the party kept or 
detained shall be produced. 

§1303. (§1222.) Trial of issue on the return. If the return denies 
any of the material facts stated in the petition, or alleges others 
upon which issue is taken, the judge hearing the return may, in a 
summary manner, hear testimony as to the issue, and to that end 
may compel the attendance of witnesses, the production of papers, 
or may adjourn the examination of the question, or exercise any 
other power of a court which the principles of justice may require. 

§1304. (§1223.) Disobedience of the writ, how punished. Any per- 
son disregarding the writ of habeas corpus in any manner what- 
ever shall be liable to attachment for contempt, issued by the judge 



283 HABEAS CORPUS. §§1305-1309 



Proceedings in applications for habeas corpus. 



granting the writ, under which attachment such person may be 
imprisoned until he shall comply with the legal requirements of 
the writ. 

§1305. (§1224.) When a party cannot be discharged. No person ^obb, 856. 
shall be discharged upon the hearing of a writ of habeas corpus in 
the following cases, to wit: 

1. Where he is imprisoned under lawful process issued from a 
court of competent jurisdiction, unless in cases where bail is allowed 
and proper bail is tendered. 

2. By reason of any irregularity in the warrant or commitment, ^gg^; ^^^' 
where the same substantially conforms to the requirements of this 
Code; nor for want of bond to prosecute. 

3. Where the party is imprisoned under a bench-warrant regular ^^^^' 
upon its face. 

4. By reason of any misnomer in the warrant or commitment, 
where the court is satisfied that the party detained is the party 
charged with the offense. 

5. Where the party is in custody for a contempt of court, and the 
court has not exceeded its jurisdiction in the length of the im- 
prisonment imposed. 

6. In any other case where it appears that the detention is au- 
thorized by law. 

§1306. (§1225.) Witnesses in imprisonment. The writ of habeas 
corpus ad testificandum may be issued by the superior court to cause 
the production in court of any witness under legal imprisonment. 

§1307. (§1226.) How wife or child may be disposed of. In all^^^^'^^- 
writs of habeas corpus sued out on account of the detention of a wife 
or child, the court, on hearing all the facts, may exercise its dis- 
cretion as to whom the custody of such wife or child shall be given, 
and shall have power to give such custody of a child to a third 
person. 

§1308. (§1227.) No discharge for defect in proceedings. If the^^^^' ^^^• 
party is detained upon a criminal charge, and it appears to the 
court that there is probable cause for his detention, he shall not be 
discharged for any defect in the affidavit, warrant, or commitment, 
until a reasonable time has been given to the prosecutor to remedy 
the defect by a new proceeding. 

§1309. (§1228.) Ofifense committed in another State. If the charge 
is for an offense committed in another State, and he is arrested on 
suspicion, he shall not be discharged, if the suspicion is reason- 



§§1310-1316 HABEAS CORPUS. 



284 



Proceedings in applications for habeas corpus. 



able, until a sufficient time be given for a demand to be made on the 
Governor for his rendition. 

§1310. (§1229.) Powers of court in other cases. In all other cases, 
the judge hearing the return shall discharge, remand, or admit the 
party to bail, or deliver him to the custody of the officer or person 
entitled thereto, as the principles of law and justice may require. 

§1311. (§1230.) How imprisoned witnesses may be brought up. 

Any judge of the superior court may issue his order to any officer 
having any person in his custody lawfully imprisoned, to produce 
such person before his court for the purpose of giving evidence in 
any criminal cause pending therein, without any formal application 
or writ of habeas corpus for that purpose. 

§1312. (§1231.) Costs. The judge hearing the return to a writ of 
habeas corpus may, in his discretion, award the costs of the pro- 
ceeding against either party, and may order execution to issue 
therefor by the clerk. 

§1313. (1232.) Proceedings must be recorded. The proceedings in 
all cases of habeas corpus shall be returned to the clerk of the supe- 
rior court of the county whose judge may have heard the same, or 
court of ordinary, if heard by the ordinary, and shall be by such 
officer recorded as in other cases, for which he shall receive the like 
fees as in other cases recorded by him. 

^236^^^'^' §1314. (§1233. Notice of the hearing. If the person is detained 
upon a criminal charge, and the solicitor-general is in the county, 
he shall be notified of the hearing; if he is not, the notice shall be 
given to the prosecutor. 

Acts'isS §1315. (§1234.) Penalty for refusing writ. "When any person shall 

p- ^5- apply for a writ of habeas corpus to a judge whose duty it is to 

grant it, and it is refused, such judge shall forfeit to the party 

aggrieved the sum of twenty-five hundred dollars, to be recovered 

in any court of law in this State having jurisdiction thereof. 

Acts^i897, §1316. Practice in habeas-corpus cases. All bills of exceptions in 

habeas-corpus cases shall, as regards the practice of the lower court 
and in the Supreme Court relating to the time and manner of sign- 
ing, filing, serving, transmitting, and hearing the same, be governed, 
in all respects where applicable, by the laws now of rule and force 
in reference to bills of exceptions in cases of injunction ; and it shall 
be the duty of the Supreme Court to give a speedy hearing and de- 
termination in such habeas-corpus cases, either under existing rules 
or under special rules to be formulated by said court for that pur- 



285 OF WARRANTS FOR GOOD BEHAVIOR, ETC. §§1317-1320 



The warrant and proceedings thereon. 



pose ; and if the judgment of the court below is affirmed in the Su- 
preme Court, the clerk of the Supreme Court shall promptly transmit 
the remitter to the clerk of the court from which the writ of error 
was taken. Upon the receipt of the same the clerk shall notify the 
judge of said court, who shall have full power in term or vacation 
to pass an order, sentence, or judgment necessary to carry into 
execution the judgment of the court. 



Of Warrants for Good Behavior, and to Keep the Peace. 



ARTICLE 1. 

The Warrant and Proceedings Thereon. 

§1317. (§1235.) Bond for good behavior. Any judicial officer au- 
thorized to hold a court or inquiry may, upon the information of 
others, under oath, or on his own motion, issue his warrant against 
any person in the county whose conduct is such as to justify the 
belief that the safety of any one or more of the citizens of the 
county, or the peace or the property of the same, is in danger of 
being injured or disturbed thereby ; and upon the return of the 
warrant, the court in its discretion may require from such person 
a bond with sureties for his good behavior until the next term of 
the superior court of the county. 

§1318. (§1236.) Suit for breach. For a violation of the bond, suit 
may be brought at the instance of any citizen of the county, and 
one half of the recovery shall be paid to the informer, and the other 
half be added to the educational fund of the county. 

§1319. (1237.) Extended from term to term. Such bond for good 
behavior may be extended from term to term by the superior court, 
in its discretion ; the sureties, like other bail, having the privilege of 
surrendering their principal. If not extended, it expires with the 
session of the court. 

§1320. (§1238.) Bond to keep the peace. Upon the information 
of any person, under oath, that he is in fear of bodily harm to him- 
self or his family, from another, or of violent injury to his property, 
any of the judicial officers before named may issue his warrant 
against such other person, requiring his arrest; and if, upon the re- 



§§1321-1326 OF SEARCH-WAERANTS, ETC. 286 

The warrant and proceedings. 

turn thereof, the court is satisfied, upon hearing the evidence of 
both parties, that probable cause for such fear exists, he may re- 
quire the accused to give bond, with good security, to keep the 
peace as against the person, family, and property of the affiant, and, 
on failure to give the bond, shall commit him to jail. 

§1321. (§1239.) Breach of the bond. Actual violence, or a menace 
of violence, or any other act intended and calculated to excite alarm, 
or to provoke a breach of the peace, shall be a violation of such 
bond; and for every such act the party at whose instance it shall 
be required shall have a right of action. ^ 

§1322. (§1240.) When provoked. If the party requiring the bond, 
by his own conduct, provokes a violation by the other, no recovery 
shall be had. 

§1323. (§1241.) Extending the bond. The superior court may, at 
any time, discharge the bond, unless there be a motion to extend it, 
accompanied by evidence to satisfy the court of the necessity of 
such extension. 

§1324. (§1242.) A wife may require it. A wife may require a 
bond to keep the peace, or for good behavior, against her husband. 



Of Search-Warrants and Proceedings Thereon. 



ARTICLE 1. 

The Warrant and Proceedings. 

Const., §1325. (§1243.) Searches and warrants. The right of the people 

1, par. 16. to be secure in their persons, houses, papers, and effects, against un- 
reasonable searches and seizures, shall not be violated; and no war- 
rant shall issue except upon probable cause, supported by oath, or 
affirmation, particularly describing the place or places to be searched, 
and the persons or things to be seized. 

§1326. (§1244.) How executed. The officer executing such a war- 
rant may break the door of the house or room specified in the war- 
rant. The warrant is his justification. If it was taken without 
probable cause, the breaking and search is a trespass on the part 
of the applicant therefor. 



287 OF PROCEEDINGS IN BASTARDY. §§1327-1332 

Proceedings against the mother, bond for maintenance of the child, etc. 

§1327. (§1245.) Goods restored to owner. If the goods are found, 
the officer shall seize and bring them before the court, who may hear 
evidence as to ownership and possession, and grant po'ssession to the 
owner from whom the same have been feloniously taken. 

§1328. (§1246.) Forcible taking of goods. The forcible taking of 
goods, if not done with criminal intent, is not probable cause for a 
search-warrant. 

§1329. (§1247.) Binding over offender. Upon the hearing the 
court may require the person in whose possession the goods are 
found, to give bond for his appearance to answer either a charge for 
larceny, or receiving stolen goods, as the facts may be. 



Of Proceedings in Bastardy. 



ARTICLE 1. 



Proceedings Against the Mother, Bond for Maintenance of the Child, 

Etc. 

§1330. (§1248.) Proceedings against the mother. Any justice who cobb. ws. 
knows, of his knowledge, or has information on oath to that effect, 
of any woman having a bastard child, or being pregnant with one, 
which it is probable will become chargeable to the county, may issue 
a warrant directed to the sheriff or any constable of the county 
where the case may arise, requiring the offender to be brought before 
him to give security to the ordinary of the county, in the sum of 
seven hundred and fifty dollars, for the support and education of 
the child until it arrives at the age of fourteen years, or to discover 
on oath the father of the child. 

§1331. (§1249.) Against the father. When the woman is brought <^«^^' i^^- 
before the justice, if she discovers on oath the father of the child, 
the justice shall issue a warrant, directed as before, requiring that • 
the person thus sworn to be the father of the child so born, or to be 
born, shall be brought before him, which warrant said officers shall 
execute. 

§1332. (1250.) Father required to give bond. When the putative §^^2. 
father is brought before the justice, he may be required to give se- 



§§1333-1336 



OF PROCEEDINGS IN BASTARDY. 



288 



Proceedings against the mother, bond for maintenance of the child, etc. 

curity for the maintenance and education of the child until it ar- 
rives at the age of fourteen years, and also the expense of lying-in 
with such chiM, boarding, nursing, and maintenance, while the 
mother is confined by reason thereof ; and if the putative father shall 
fail to give such security, the justice shall bind him over in a suffi- 
cient recognizance to appear before the next superior or county court 
of the county to answer such complaint as may then and there be 
alleged against him touching the premises, and the solicitor-general 
shall prefer and lay before the grand jury the proper indictment. 

§1333. (§1251.) Proceedings when the woman refuses to disclose 
the father. When the woman is brought before the justice, if she 
refuses to discover on oath the father of the child, or give security 
to appear before the next superior or county court for the county 
and to give such security as may be then and there required of her 
by the court for the education and maintenance of the child as men- 
tioned in the first section of this Article, the justice shall commit her, 
in manner and form aforesaid, as pointed out in this Article ; and 
if she refuses to make known to said court the father of the child, or 
give security as aforesaid, the court may imprison her not exceed- 
ing three months. 



Cobb. 148, 
149. 



Cobb, 148, 
149. 



Cobb, 150. 



Cobb, 149. 



§1334. (§1252.) Either party may make defense. Either party, 
when charged as mentioned in this Article, may offer exculpatory 
affidavits or testimony to the justice, who may exercise his discre- 
tion, after due inquiry being had, to discharge or recognize both 
or either of the parties, in conformity with this Article. 

§1335. (§1253.) How and where bonds are to be returned. The 

justice, before whom the bond shall be taken, shall return it to the 
ordinary of the county in which such female shall reside, within 
thirty days after the same is taken. 

§1336. (§1254.) Action on bond. It shall be the duty of the ordi- 
nary, when any child has or shall become chargeable to the county 
where a bond is taken to institute an action on it ; and he shall 
recover the full amount of the bond, which judgment shall remain 
open, and be subject to be appropriated by the courts, from time 
to time, as the situation and exigencies of the bastard child may re- 
quire. 



289 CORONER'S INQUESTS. §§1337-1339 



When inquests shall be held, and proceedings. 



Coroner's Inquests. 



ARTICLE 1. 
When Inquests Shall be Held, and Proceedings. 

§1337. (§1255.) When inquests shall be held. Coroners shall takecobb, 537. 

•^ ^ "^ •^ ^ , . Acts 1893, 

inquest over dead bodies in their respective counties as follows : p- us. 
^ . ^ 1901, p. 44. 

1st. Of all violent, sudden, or casual deaths, when there are no eye- 
witnesses to the killing or cause of the death, and such death occurs 
under suspicious circumstances. 2d. Of all sudden deaths in prison, 
without an attending physician. 3d. Of all dead bodies found, 
whether of persons known or unknown, when it is apparent from the 
body that violence caused the death, or when the person died or 
disappeared under suspicious circumstances. 4th. Whenever or- 
dered by a court having criminal jurisdiction. And it shall be the 
duty of said court, whenever an affidavit is made and filed with 
the court that a dead body is found and that the person came to 
his death by violence or foul play, to interrogate and examine other 
witnesses, if any, as to the necessity for an inquest ; and should the 
court then decide that an inquest is essential to the ends of justice, 
an inquest shall be ordered. 

§1338. (§1256.) No inquest, when. No inquest shall be held over Acts isos, 
any dead body when the cause of the death was violence, or accident, 
or act of God, in the presence of witnesses, unless some person makes 
affidavit of facts raising a suspicion of foul play, when an inquest 
shall be had, but at the expense of the party making the affidavit. 
Upon such inquest, if it should appear that the death was caused 
by violence and foul play, and the person guilty of the act is arrested, 
the person paying the cost of the inquest shall be repaid by the 
county treasurer upon an order from the judge of the superior court 
of the county . 

§1339. (§1257.) Six jurors; majority decide; pay. The coroner^^^^' ^||| 
shall summon and impanel six jurors to hold an inquest, and the^Pg^j^^- ^^ 
majority vote shall decide the verdict. The jurors sworn and im- 
paneled upon an inquest shall be paid one dollar each for their serv- 
ice as jurors upon each inquest, and it shall be the duty of the 
coroner, or other person discharging the duties of coroner, to give 
a certificate of the fact of such service to each juror ; upon presen- 



§§1340-1342 



CORONER'S INQUESTS. 



290 



When inquests shall be held, and proceedings. 



tation of which to the proper county authority of the county in 
which the inquest is held, he shall give the claimant an order on the 
treasurer for the same. 

§1340. (§1258.) Coroners may disinter dead bodies. Coroners are 
authorized, in order to carry into effect the preceding sections, to 
disinter any body already buried, and, like a sheriff, to command 
the power of the county for that purpose. 

§1341. (§1259.) Precept for summoning jury. Whenever a coro- 
ner shall have notice of the death of any person within the limits 
of the county of which he is coroner, occurring under circumstances 
which make it his duty, under the law, to hold an inquest, he shall 
make out a precept, directed to any constable of the county where 
the dead body is found or lying, requiring him to summon a jury of 
inquest composed of good and lawful men of such county, to appear 
before such coroner at the time and place mentioned in the precept ; 
which precept may be in the form following, that is to say : 
''State of Georgia, 

County. 

"To any lawful constable of said county — Greeting: 



Cobb, 537. 



Cobb, 538. 



''You are required immediately to summon eighteen good and law- 
ful men of said county to be and appear before me, the undersigned, 

coroner of the county aforesaid, at , in said county, on the 

day of , at o'clock of that same day, then and there to 

inquire of, do, and execute all such things as in behalf of the State 

shall be given them in charge touching the death of (or 

a person unknown, as the case may be), and be you then and there 
with this precept to certify what you have done in the premises, and 
further to do whatsoever else may in behalf of the State be enjoined 
upon you. 

"Given under my hand and seal, this the day of , in the 

year of our Lord , , Coroner. (L. S.) " 

Which precept shall be forthwith executed by the constable in 
whose hands it may be placed ; and if the services of a constable can 
not be conveniently obtained, the coroner may summon the jury 
himself. 

§1342. (§1260.) Defaulting jurors may be fined. Any juror failing 
to attend and serve on such coroner's inquest, after being duly 
summoned, may be fined by the coroner in a sum not exceeding ten 
dollars, to be levied and collected by execution issued by the cor- 
orner, unless such defaulting juror shall file in the office of the 
ordinary a good and sufficient excuse for the default, to be judged 
of by the next court of ordinary held thereafter. 



291 CORONER'S INQUESTS. §§1343-1346 



When inquests shall be held, and proceedings. 



§1343. (§1261.) Oath of foreman and jury. The following oath^obb, sss. 
shall be administered to the foreman of the jury by the coroner, to 
wit: ''You, as foreman of the inquest, shall diligently inquire and 
true presentment make, on behalf of the State of Georgia, how and 
in what manner C. D. (or a person deceased, unknown, as the case 
may be), now here lying dead, came to his death, and of such other 
matters relating to the same as shall be lawfully required of you, 
according to evidence." And the remainder of the jury shall be 
sworn by the coroner as follows, to wit: "The same oath which the 
foreman of this inquest has taken on his part, you and each of you 
shall observe and keep upon your part. So help you God." 

§1344. (§1262.) Charge of coroner and powers of jury. The cor-^^^^- ^^^• 
oner shall charge the jurors to declare of the death of the person 
upon whose body the inquest is held, whether such person died 
by murder, manslaughter, misadventure, misfortune, accident, or 
otherwise ; and who, and when, and by what means, and in what 
manner; if by murder, who were principals and who were acces- 
sories ; if by manslaughter, who were the perpetrators, and with 
what instrument the stroke or wound was in either case given ; if 
by misadventure, misfortune, accident, or otherwise, whether by act 
of God or man ; and whether by hurt, fall, stroke, drowning, or in 
any other way ; what person was present at the death ; from whence 
the deceased came, who he was, and who are his parents, relations, 
and neighbors ; who were the finders of his body ; whether he died 
in the same place the body was found or elsewhere ; and if else- 
where, who moved the body ; and also of all the circumstances relat- 
ing to said death ; if the deceased died in prison, whether he died by 
hard usage there, and, if so, by whom ; and if the deceased put an 
end to his life, to inquire of the manner, means used, or instrument 
employed, and of the circumstances concerning it ; and the jury shall 
have full and unrestricted power to inquire and pass upon all the 
matters and things thus given them in charge, and they shall have 
this power even if the whole or a part of the charge be omitted. 



Cnbh, 539, 
HO. 



§1345. (§1263.) Witnesses, how summoned and sworn. The cor 
oner shall issue subpoenas to, or otherwise compel the attendance of, 
witnesses, and he shall administer to such witnesses the following 
oath, to wit: ''The evidence that you shall give this inquest on 
behalf of the State, touching the death of C. D. (or a person un- 
known, as the case may be), shall be the truth, the whole truth, and 
nothing but the truth. So help you God." 

§1346. (§1264.) Witnesses to be recognized, and warrant to issue cobb, 539. 
If the inquest discloses facts which lead or may lead to the pros- 



§§1347-1349 



CORONER'S INQUESTS. 



292 



When inquests shall be held, and proceedings. 



eeution of any person for the homicide of the person upon whose 
body the inquest is held, the coroner shall require all witnesses, who 
testify to facts material to the issues involved in such prosecution, 
to enter into a recognizance to appear and give evidence in the su- 
perior court of the county in which the inquest is taken, against the 
defendant in such prosecution ; and shall also issue a warrant for 
the arrest of the person suspected of the homicide, returnable as 
other warrants. 



Cobb, 539. 



Cobb, 540. 
Acts 1880-1, 
p. 59. 



Acts 1893, 
p. 111. 



§1347. (§1265.) Inquisition to be returned to superior court. The 

coroner shall commit to writing the substance of the testimony de- 
livered before the inquest, and shall return all the papers and pro- 
ceedings touching the inquisition to the superior court of the county 
in which it is taken, held next after such inquest. 

§1348. (§1266.) May analyze stomach, etc., for poison. If the ver- 
dict of the jury suggest that the death was caused by poison, the 
coroner shall have power to cause an accurate examination of the 
viscera and the contents of the stomach and intestines by skillful 
chemists; and the reasonable expenses of such examination shall be 
paid out of the county treasury. In any case, if the coroner and 
the majority of the jury shall believe that the ends of justice can 
only be attained by a thorough post-mortem examination, the coroner 
may employ a competent and impartial physician to make such 
examination; and the physician so employed shall be paid out of 
the county treasury such sum, not exceeding twenty dollars, as may 
be agreed to by the coroner and jury. 

§1349. (§1267.) Physician to be appointed upon recommendation 
of grand jury. In counties having a population of forty thousand 
or more, where there is no other medical officer appointed for the 
purpose, upon the recommendation of the grand jury the officer 
charged with the management of county affairs may appoint for one 
year, at a compensation to be fixed by such officer, a physician to the 
coroner, whose dutj^ it shall be to perform all the post-mortem ex- 
aminations and autopsies required by the preceding section, accom- 
panying the coroner at all inquests, and testifying as to the cause 
of death. Said physician shall prepare a careful w^ritten opinion as 
to the cause of death in each case, and file it with the coroner as a 
part of the testimony of the inquest, and he shall investigate the 
cause of death of all persons dying in the county without the at- 
tendance of a physician, and report the same to the coroner. He 
shall furnish a burial certificate whenever directed to do so by the 
coroner, whether an inquest be held or not. He shall also make to 
the county authorities a monthly report, giving the number of in- 



293 FUGITIVES FROM JUSTICE. §§1350-1354 

Arrest within this State, and proceedings. 

quests held and the result of each inquest, the number of cases in- 
vestigated of persons dying without the attendance of a physician, 
and the cause of such deaths. 

§1350. (§1268.) When justice may act as coroner. "When there is 
no coroner in a county, or he is absent from the county when needed, 
or will not or can not take an inquest, any justice of the peace of . 
the county may act as coroner. 

§1351. (§1269). Body may be removed. When the deceased body cobb, 540, 
lies in a place inconvenient for holding an inquest, the coroner, or p- 166. 
any other person under his direction, shall be allowed to remove 
the body to a suitable spot. 



Fugitives From Justice. 



ARTICLE 1. 

Arrest Within This State, and Proceedings. 

§1352. (§1270.) Fugitives from foreign countries. Whenever 
there is found, within this State, a fugitive from justice from a 
foreign State, and by the treaty stipulations of the United States 
such person is to be surrendered up to the authorities of such foreign 
State upon requisition from the proper officers, the Governor, by his 
warrant, shall cause him to be arrested and delivered over to such 
officer. 

§1353. (§1271.) Fugitives from other States. It is the duty of the 
Governor, under his warrant, to cause to be arrested, and delivered 
up to the proper officers of any other State of the United States, any 
fugitive from justice from said State, upon demand made of him 
by the Executive of such other State in the manner prescribed by 
the laws and Constitution of the United States. And if such fugi- 
tive shall have assumed another name in this State, and the Gov- 
ernor is satisfied, by evidence under oath iiled in his office, of the 
identity of such person with the fugitive demanded, he shall state 
the fact in his warrant for the arrest. 

§1354. (§1272.) When he shall suspend the delivery of fugitives 

If any person demanded as a fugitive from justice is, at the time 



§§1355-1357 FUGITIVES FROM JUSTICE. 294 

Rules for granting a requisition by the Governor. 

of such demand, under prosecution for an offense against the laws of 
this State, the Governor shall suspend his delivery until the issue 
is determined as to his guilt, and, if condemned, until he shall have 
suffered the penalty of the law imposed. 

§1355. (§1273.) How fugitives not demanded shall be disposed of. 
. When a person, charged with the commission of an offense in some 
other State, shall flee into this State, and is pursued and caught, or 
some person is this State, finding, shall arrest him, it is the duty 
of the Governor, on oath filed in his office of the commission of the 
offense, and the identity and locality of the party', to issue his war- 
rant for his arrest, as in other cases, and command his lodgment in 
any jail in the State for as long as twenty days, and if, at their ex- 
piration, there is no formal demand made by the Governor of the 
State where the offense is alleged to be committed, he shall be dis- 
charged from custody; but upon affidavit made before any proper 
officer of the commission of the offense, and of such intended applica- 
tion, the accused shall be held under it five days. 

1356. (§1274.) Officers must execute warrants for the arrest of 
fugitives. "When the Governor or other officer issues such, or any 
other warrant of arrest, it is the duty of the sheriffs, their deputies, 
coroners, and constables to execute it when placed in their hands. 



ARTICLE 2. 

Rules for Granting a Requisition by the Governor. 

Acts 1SS4 5, §1357. (§1275.) Regulations for obtaining requisitions. In addi- 
tion to any rules that are now or may hereafter be adopted by the 
Governor, the following rules shall be observed as a condition pre- 
cedent to obtain a requisition by. him for the extradition of any fugi- 
tive from the justice of this State : 

1. The application for a requisition as aforesaid must be made to 
the Governor of this State by a solicitor-general, or a solicitor of a 
county court, judge of a city or county court, or the mayor of any 
city or town of this State, and must show the full name of the fugi- 
tive for whom extradition is asked, the crime charged, the State or 
Territory to which he has fled, the full name of the person suggested 
to act as agent of this State to receive and convey said fugitive to 
this State, said ag'ent in no case to be the prosecutor ; but the Gov- 
ernor may, in his discretion, appoint some other suitable person as 
agent of this State to receive and convey the prisoner. The appli- 



295 FUGITIVES FROM JUSTICE. §§1358,1359 

Rules for granting a requisition by the Governor. 

cation must also show that the ends of public justice require that the 
fugitive be brought back to this State for. trial, and that the requisi- 
tion is not wanted for the purpose of enforcing the collection of a 
debt, or for any private purpose whatever, but solely for the purpose 
of a criminal prosecution as provided by law. 

2. The application must be accompanied by the affidavit of the 
prosecutor, if any, stating that the requisition is wanted for the sole 
purpose of punishing the accused, and not in any way to collect a 
debt or money, or to enforce the payment thereof. 

3. If the fugitive has been indicted, two certified copies of the in- 
dictment or presentment must be forwarded to the Governor with 
the application. 

4. If no indictment has been preferred and an affidavit is the 
basis of the requisition, it must describe the crime committed, with 
all the particularity required in an indictment, and two certified 
copies of the affidavit must accompany the petition for the requisi- 
tion. 

§1358. (§1276.) Duty of Governor. When application is made^^ts iss4-o, 
as herein provided, and in accordance with such other rules as are 
now or may hereafter be adopted by the Governor, he shall then 
make his requisition for the extradition of such fugitive according 
to the provisions of the laws of the United States. 

§1359. (§1277.) Fees of officers. The solicitor making the applica-^cts is84-5, 
lion shall be entitled to a fee of five dollars for each application on 
which a requisition issues, to be paid as other fees in said cases, and 
to be included in the bill of costs in the court in which the trial may 
occur. 



§§1360,1361 PUBLIC DEFENSE. 296 



Volunteer forces. Staff oflScers. 



PUBLIC DEFENSE. 



CHAPTER 1. 
Volunteer Forces. 



AETICLE 1. 
Staff and Organization. 



SECTION 1. 
Staff Officers. 



Acts 1905, §1360. Commander-in-chief. The Governor of the State, by virtue 

1907, p. 102. of his office, shall be the commander-in-chief of the militia of the 

State, except of such portions as may at times be in the service of 

the United States. 

§1361. Governor's staff. The military staff of the Governor shall 
consist of one adjutant-general and one quartermaster-general, who 
shall each have the rank of brigadier-general, one aide-de-camp who 
shall have the rank of colonel, and twenty-nine aides-de-camp who 
shall have the rank of lieutenant-colonel, to be appointed or detailed 
by the Governor ; and no person shall be eligible to such appointment 
or detail unless he shall have served in the Confederate army, or not 
less than five years in the United States army, or unless he shall be 
a retired officer or veteran member of the National Guard of Geor- 
gia, or an active member thereof who has served not less than five 
years ; and such assistants to the adjutant-general and to the 
quartermaster-general as in the discretion of the Governor may 
be necessary; all of which officers, except aides-de-camp, shall be 
appointed or detailed by the Governor from the officers of the Na- 
tional Guard of Georgia; and when serving by detail, they shall 
have all the rights and privileges of the increased rank, but shall 
not forfeit their regular commission in the National Guard ; all such 



297 PUBLIC DEFENSE. §§1362, 1363 

staff Officers. 

officers being subject to the examination now provided by law, and 
such officers to hold office during the pleasure of the Governor, but 
their commissions shall expire with the term of office of the Governor 
appointing them. 

§1362. Adjutant-general. The adjutant-general shall be at the 
head of the military department of the State and subordinate only to 
the Governor in matters pertaining to said department. He shall 
give his whole time and attention to the office, and shall receive a 
salary of three thousand dollars per annum, to be paid out of the 
military fund. He shall perform such duties as pertain to the office 
of adjutant-general as from time to time may be provided by the 
laws, rules, and regulations for the government of the United States 
army, and such duties as may be designated by the Governor. He 
shall have such commissioned assistants and such necessary clerks 
and employees as in the discretion of the Governor may be required 
from time to time, and they shall perform such duties as may be 
required of them by the adjutant-general. He shall keep on file in 
his office all reports made to him; make an annual report to the 
Governor of the condition of the militia, with an itemized account 
of all moneys and supplies received from all sources, and of the dis- 
bursements and issues, and furnish each officer of the National Guard 
a copy thereof. He shall also embody therein the annual reports of 
all officers made to him, and all general orders and circulars issued 
from his office, which reports shall be published in pamphlet form for 
general distribution ; and the Governor shall lay before the General 
Assembly such portions of this report as he deems proper. He shall 
obey all orders relative to carrying into execution and perfecting 
the military establishment under the laws of the State and of the 
United States, and furnish blank forms of the different returns and 
rolls as may be required. The Governor may, in his discretion, re- 
quire the adjutant-general to give bond to the State, in such an 
amount as may be fixed by regulation, with two personal or one 
corporate surety, to be approved by the Governor, conditioned faith- 
fully to discharge the duties of his office. 

§1363. Quartermaster-general. The quartermaster-general shall 
attend to the care, preservation, safe-keeping, and repairing of the 
arms, ordnance, accoutrements and equipment, and all other military 
property belonging to this State or issued to the State by the govern- 
ment of the United States, and shall be responsible therefor. He 
shall perform such duties as pertain to the office of quartermaster- 
general as from time to time may be provided by the laws, rules, and 
regulations made for the government of the United States army, 



§§136.t-1367 



PUBLIC DEFENSE. 



298 



Acts 1905, 
p. 133. 



Acts 1907, 
p. 102. 



Staff Officers. 



and as may be prescribed by the Governor. He shall be entitled to 
such commissioned assistants and such necessary clerks and em- 
ployees as may be required from time to time, in the discretion of 
the Governor, and they shall perform such duties as may be re- 
quired of them by the quartermaster-general. 

§1364. Officers shall be organized into departments. The officers 
enumerated above, except the aides-de-camp, shall be organized into 
an Adjutant-General's Department, an Inspector-General's Depart- 
ment, a Judge Advocate-General's Department, a Quartermaster De- 
partment, a Subsistence Department, a Medical Department, and 
an Ordnance Department, and shall, with such enlisted men as the 
Governor may authorize, compose such departments. The senior 
officer of each such department shall be the chief thereof, and the as- 
sistant in each such department shall be appointed by the Governor 
on the recommendation of its chief. 



§1365. Duties of chiefs of staff departments. The duties of the 
chiefs of the several staff departments, and their assistants, shall be 
correlative with those discharged by like officers of the United States 
army, as far as may be applicable, in the discretion of the Governor, 
and they shall perform such other duties as may be required of them 
by the Governor or the head of their department. 

§1366. Officers of the United States, assignment. Any officer of 
the United States army, navy, or marine corps, Avho may be detailed 
for duty with the militia of this State, may be assigned by the Gov- 
ernor to act in such capacity with the militia as may be to the best 
interests of the State, without regard to the rank of the officer so 
assigned. 

§1367. Organization of staff departments. The organization of 
the staff departments of the National Guard of Georgia shall be as 
follows : 

The adjutant-general's department shall consist of the commis- 
sioned officers of proper grades necessary to perform the duties of 
the adjutant-general on the staff of the brigades and of the division. 

The medical department shall consist of the officers of the proper 
grades necessary to perform the duties of surgeons on the staff of 
brigades and of the division ; of the surgeons and assistant surgeons 
filling those positions in the regiments ; of the additional medical 
officers necessary to be assigned to separate battalions, squadrons, 
companies, troops, and batteries, and of the medical officers neces- 
sary for the organization of such ambulance companies and field 
hospitals as may be deemed necessary, and of the hospital corps. 

The inspector-general's department, the judge-advocate general's 



299 PUBLIC DEFENSE. §§1368-1371 

Militia and organization. 

department, the quartermaster-general's department, the subsistence 
department, the pay department, the corps of engineers, the ord- 
nance department, and the signal corps shall each consist of the 
officers of the proper grades necessary to perform the indicated 
staff and other duties prescribed. 

The Governor shall have the power to prescribe by order the 
number and grade of officers in all staff departments, and to assign 
them such duties as he may prescribe; but in all organizations of 
the line and staff, the various grades must conform to those of 
the regular army of the United States. 

§1368. Governor's authority. The Governor, besides the authority 
conferred by the laws of force, is authorized to make such regula- 
tions as may be necessary for the carrying out of this Title, and as 
may be necessary to conform in detail to all the requirements of the 
war department of the United States, made in pursuance of the Act 
of Congress entitled ''An Act to promote the efficiency of the militia, 
and for other purposes," approved January 21, 1903. 

§1369. Military aides. The aides-de-camp shall perform such du-Acts^ioos, 
ties pertaining to their office as may be required of them by the 
Governor. 



SECTION 2. 

Militia and Organization. 

§1370. Militia^ — who compose it. The militia of this State shall Acts 1905, 
consist of every able-bodied male citizen of the State, every able- 
bodied male of foreign birth who has declared his intention of be- 
coming a citizen, and every able-bodied male transient person, hav- 
ing a place of business and doing business in this State, but having 
no residence or home therein, who is more than 18 or less than 45 
years of age, and not expressly exempt by law. 

§1371. Exemptions from militia duty. The following exemptions 
from militia duty will be recognized : 1. All persons exempted by 
the laws of the United States. 2. The chief officers of the 
several executive departments of the State ; judges of the Su- 
preme, superior, city, and county courts, justices of the peace, sher- 
iffs, deputies, and jailers, clerks of courts, and ordinaries, members 
of the General Assembly during the term for which they shall be 
elected, and officers of the General Assembly during the session and 
for seven days before and after the same. 3. All persons employed 
on railroad trains, and repairers of railroads, operators and mes- 



§§1372,1373 PUBLIC DEFENSE. 300 



Militia and organization. 



sengers of telegraph companies, ferrymen, bridge-keepers, toll-gate 
keepers, public millers, ministers and preachers of the gospel, li- 
censed physicians and druggists in active practice, professors and 
tutors in colleges and schools, regular members of any fire or police 
department (but no member of the militia shall be relieved because 
of his joining such fire or police department), every person employed 
by the year or season on board any vessel or in the merchant service 
or coasting trade, and all pilots and stevedores. 4. Idiots, lunatics, 
paupers, vagabonds, confirmed drunkards, persons addicted to the 
use of narcotic drugs, and persons convicted of infamous crimes. 
All such exempted persons, except those enumerated in paragraphs 
one and four, shall be available for military or naval duty in case 
of war, insurrection, invasion, or imminent danger thereof. 

§1372. Enrollment. Whenever the Governor shall deem it nec- 
essary, he may order an enrollment, to be made by officers desig- 
nated by him, of all persons liable to service in the militia. Such 
enrollment shall state the name, residence, age, and occupation of 
the persons enrolled, and their previous or existing military or naval 
service. An original and three copies shall be made ; one of which 
shall be retained by the enrolling officer, one filed in the office of 
the town or city clerk in which the enrolled persons reside, one in 
the office of the clerk of the county in which the enrollment is 
made, and the original in the office of the adjutant-general. If the 
Governor so direct, such enrollment shall show separately all the 
seafaring men of whatever calling or occupation, men engaged in 
the navigation of the rivers, lakes, and other waters of the State, 
or in the construction and management of ships and crafts, together 
with ship-owners and their employees, yacht-owners, members of 
yacht clubs, and all other associations for aquatic purposes. 

§1373. Notice of enrollment and claims of exemption. The officer 
making the enrollment shall, at the time of making the same, serve 
a notice of such enrollment upon each person enrolled, by delivering 
such notice to him or leaving it with some person of suitable age 
and discretion at his place of residence. All persons claiming ex- 
emption must, within fifteen days after receiving such notice, file 
a written statement of such exemption, verified by affidavit, in the 
office of the county clerk. Such clerk shall thereupon, if such per- 
son be exempted according to law, mark the word ''exempt" oppo- 
site his name ; and the remainder of all thus enrolled, and not thus 
found to be exempt, shall constitute the militia of the State, and such 
clerk shall transmit a copy of such corrected roll to the adjutant-gen- 
eral. The commanding officer of each organization in the National 



801 PUBLIC DEFENSE. §§1374-1377 



Militia and organization. 



Guard and naval militia, and the heads of the fire and police de- 
partments in each city or town, shall, whenever an enrollment is 
ordered, each file in the office of such county clerk a certified list 
of the names of all persons in his command or department. 

§1374. Assessment-rolls and poll-lists. The assessors in each city, 
village, town, or ward in this State shall allow persons appointed to 
make such enrollment, at all proper times, to examine their assess- 
ment-rolls, and take copies thereof, and the clerks of all counties, 
towns, and cities shall in like manner, at all proper times, allow such 
persons to examine and copy the poll-lists on file in their offices. 
All persons shall, upon application of any person making such en- 
rollment, give the names of, and all other proper information con- 
cerning, any person within their knowledge liable to be enrolled, 
under penalty of $10 for every concealment or false information, 
or refusal to give the information requested, to be recovered in the 
name of the people in any court, with costs. The officer making 
the enrollment shall, within ten days, report to the adjutant-general 
all persons who shall fail or neglect to give such information. 

§1375. Two classes— active and reserve. The militia of this State 
shall be divided into two classes : The active and the reserve militia. 
The active militia shall consist of the organized and uniformed mil- 
itary forces of the State, which shall be known as the National 
Guard of Georgia, and of the organized and uniformed naval forces 
of the State, which shall be known as the Naval Militia of Georgia ; 
the reserve militia shall consist of all those liable to serve in the 
militia but not serving in the National Guard or the Naval Militia of 
the State. 

§1376. Active service. The Governor shall have power, in case 
of insurrection, invasion, tumult, riot, or breach of the peace, or 
imminent danger thereof, to order into the active service of the State 
any part of the militia that he may deem proper. "When the militia 
of this State, or a part thereof, is called forth under the Constitution 
and laws of the United States, the Governor shall order out for serv- 
ice the active militia, or such part thereof as may be necessary; 
and if the number available be insufficient, he shall order out such 
part of the reserve militia as he may deem proper. During the ab- 
sence of organizations of the militia in the service of the United 
States, their State designation shall not be given to new organiza- 
tions. 

§1377. Definitions. For the purposes of this Title the word "com- 
pany" or ''companies" shall apply to and include bands, signal. 



§§1378-1380 PUBLIC DEFENSE. 302 



Militia and organization. 



engineer, and hospital companies, and companies of infantry, heavy 
artiller}^, troops of cavalry, batteries of light artillery, and naval di- 
visions, except where otherwise specified, and the term ''nnassigned 
battalion" shall apply to the naval battalion and to battalions not 
attached to regiments, and the term ''unassigned company" to com- 
panies not attached to regiments or battalions. The word ''officer" 
shall apply to a commissioned officer, and the word ''soldier" shall 
include non-commissioned officers and privates of the naval battalion 
as well as of the land forces. 

§1378. Calls for reserve militia. Whenever it shall be necessary 
to call out any portion of the reserve militia for active duty, the 
Governor shall direct his order to the mayor of any city or the su- 
pervisor of any town, who, upon the receipt of the same, shall forth- 
with proceed to draft, by lot, as many of the reserve militia in his 
city or town, or accept as many volunteers, as are required by the 
Governor, and shall forthwith forward to the Governor a list of 
the persons so drafted or accepted as volunteers : Provided, that the 
Governor may, in his discretion, issue his proclamation for and re- 
ceive such volunteers direct, as may be needed. 

§1379. Deserters. Every member of the militia ordered out, or 
who volunteers or is drafted under the provisions of this Title, who 
does not appear at the time and place designated by his command- 
ing officer, the mayor, or supervisor, within twenty-four hours from 
such time, or who does not produce a sworn certificate of physical 
disability, from a physician in good standing, to so appear, shall 
be taken to be a deserter and dealt wdth as prescribed in the Articles 
of War of United States. 

§1380. Organization of reserve militia. The portion of the re- 
serve militia ordered out or accepted into the service, as provided in 
this Title, shall be immediately mustered into the service of the 
State for the period of two years until otherwise ordered by the 
Governor, and shall be organized into troops, batteries, or companies, 
which may be arranged in squadrons, or battalions, or regiments, or 
assigned to organizations of the National Guard or Naval Militia 
already existing. The Governor is authorized to appoint the offi- 
cers necessary to commence or complete any organization thus cre- 
ated. Such new organization shall be equipped, disciplined, and 
governed according to this military code and the military regula- 
tions of the State. 



303 PUBLIC DEFENSE. §§1381, 1382 



National guard organizations. 



ARTICLE 2. 

National Guard Organizations. 

§1381. National Guard. The National Guard of the State shall Acts 1907. 
. p . . p. 102. 

consist of such persons as may be commissioned or enlisted therein 

and such general officers as the strength thereof may warrant, an 
adjutant-general's department, and inspector-general's department, 
a judge-advocate's department, a quartermaster's department, 
a subsistence department, a medical department, a hospital corps, 
a pay department, a corps of engineers, an ordnance depart- 
ment, and a signal corps. The National Guard shall be organized 
into a division, brigades, regiments, battalions, squadrons, troops, 
batteries, companies, and signal corps, in accordance with its 
strength as legally authorized from time to time, and in conformity 
with the organization which is now or may hereafter be prescribed 
for the regular and volunteer armies of the United States : Provided, 
however, that the Governor shall have the power to alter, divide, an- 
nex, consolidate, disband, or reorganize the same and create new 
organizations therein whenever in his judgment the efficiency of the 
militia forces will be thereby increased. And provided further, that 
he shall have the power, at any time, to change the organization of 
staff departments, regiments, battalions, squadrons, troops, batteries, 
companies, and signal corps, so as to conform to any organization, 
system of drill, or instruction now or hereafter adopted for the 
army of the United States, and for that purpose the number of 
officers and enlisted men of any grade in staff departments, regi- 
ments, battalions, squadrons, troops, batteries, companies, and signal 
corps may be increased or decreased to the extent made necessary 
by any such change or organization or system. 

§1382. Inspection of property and records. It shall be the duty 
of the Governor to require the adjutant-general to inspect or cause 
to be inspected, at least once in each calendar year, the military prop- 
erty and records of each organization, the State cathp-grounds, all 
rifle ranges, and, in the discretion of the Governor, all military 
schools and colleges in the State, and the property of the State in 
their possession, and to muster and inspect the officers and enlisted 
men of each company or detachment of the organized militia, and of 
larger units when practicable, and to attend and observe all parades, 
reviews, and encampments of companies or larger organizations 
when practicable. The Governor shall authorize a day set for the 
annual inspection and muster of each company, or larger unit when 



§§1383-1385 PUBLIC DEFENSE. 304 



OflScers' rank and eligibility. 



practicable; and attendance thereat shall be compulsory. The of- 
ficers and enlisted men ordered out for annual inspection and muster 
shall lay aside all other business and be and appear at the place 
and time designated, and on failure to do so without good and 
valid excuse, to be determined by the regimental or unassigned 
battalion commander or adjutant-general, shall pay a fine of $10, in 
default of which they shall be, in the discretion of the Governor, 
confined in any jail or prison for ten days. 

-^c*» 3^905, §1383. Officers, how commissioned and term of service. All of- 

1907, p. 102. fleers shall be commissioned by the Governor to the particular office 
to which elected or appointed, in his discretion, for the period of 
their good behavior: Provided, that the term of service of all staff 
officers shall expire when the officer on whose recommendation they 
were appointed vacates his office through death, resignation, or re- 
moval from any cause. And provided further, that each and every 
such officer shall continue in the service and perform the duties per- 
taining to his office until his successor shall be duly qualified, unless 
specially relieved by the Governor : Provided, that all appointments 
of general officers of the line shall be for a term of five years, and 
shall be made upon the recommendation of the field officers of the 
line of the National Guard, who shall express their preference for 
each vacancy by written ballot, at such time and under such rules 
as the Governor may prescribe. 



ARTICLE 3. 

Officers' Rank and Eligibility. 

^p*i33^^^' §1384. Officers, eligibility. No man shall be commissioned an of- 

ficer of the National Guard or of the Naval Militia of this State, 
unless he is a citizen of the United States, of the age of eighteen 
and upward, and shall have successfully passed the examination 
provided hereinafter: Provided, that no man shall be so commis- 
sioned who has ever been dishonorably discharged from the military 
or naval service of this or any other State or country, unless the 
disability herein caused by such dishonorable discharge shall have 
been removed in a manner satisfactory to the Governor. 

§1385. Rank of officers. The date from which an officer on the 
active list takes rank shall be the date of election, or appointment, 
unless at the time of such election or appointment the officer be in 



305 PUBLIC DEFENSE. §§1386-1388 

Officers' rank and eligibility. 

active commission in the same grade, in which case the officer shall 
be entitled to rank from the date of original rank in such grade, 
chaplains and medical officers excepted. 

§1386. Election of officers. Company officers shall be elected by 
the officers and enlisted men of the company; field officers shall be 
appointed as provided in section 1268. Elections for a commander 
of a regiment or commander of an nnassigned battalion shall be 
ordered by the Governor; elections for a junior officer shall be or- 
dered by the commander of a regiment or unassigned battalion; 
elections for officers of unassigned companies shall be ordered by 
the Governor. All elections shall be conducted and returns there- 
of made, and all contests decided, in such manner as may be pre- 
scribed by regulations. A plurality of the votes cast shall be nec- 
essary for an election to any office in the military forces. Commis- 
sioned staff officers of regiments, unassigned battalions, and batter- 
ies of light artillery shall be appointed and commissioned by the 
Governor upon recommendation of the respective commanders. 
Commissioned staff officers of battalions of a regiment shall be ap- 
pointed and commissioned by the Governor upon the recommenda- 
tion of respective battalion commanders, approved by the regimental 
commander; and all such staff officers shall be subject to examina- 
tion as to their fitness for commission. The appointment of medical 
officers and chkplains shall conform to the laws and regulations pro- 
viding for the appointment of other staff officers of a regiment or un- 
assigned battalion. 

§1387. Appeals from elections. Every person thinking himself ag- 
grieved by the proceedings at an election may appeal to the Gov- 
ernor, by filing at the time of the election, with the presiding officer 
thereat, notice of such intended appeal, and forwarding a full state- 
ment of the grounds of such appeal, within ten days of the date on 
which the election took place. The Governor may direct, upon 
such appeal, an officer to take testimony in the case, and to report 
his findings ; and such officer shall have the power to take evidence, 
administer oaths, issue subpoenas, and compel witnesses to attend 
and testify and produce books and papers, and punish their failure 
to do so, as is possessed by a general court-martial. The decisions 
of the Governor as to the result of any election shall be final. 

§1388. Examinations. Every person elected or appointed a com- 
missioned officer in the National Guard of this State shall, before 
being commissioned, appear before an examining board, who shall 
examine such person, as to his physical, mental, moral, and other 
fitness for military service : Provided, that officers re-elected or re- 



§§1389-1391 PUBLIC DEFENSE. ' 306 

Oflacers' rank and eligibility. 

appointed their own immediate successors shall not be required to 
stand examination. The Governor may, in his discretion, waive the 
examination in the following cases: (a) When a field officer is 
elected or appointed to higher rank, (b) When the applicant for 
commission is an officer in active commission, who has received 
within one year a commission of the same or higher grade for which 
an examination was held, (c) When a person is appointed an aide- 
de-camp or military secretary to the Governor or a chaplain. 

§1389. Boards of examination. Boards of examination may be ap- 
pointed by the Governor, and shall consist of not less than two com- 
petent officers, and shall have the same power to take evidence, ad- 
minister oaths, and compel witnesses to attend and testify and pro- 
duce books and papers, and punish their failure to do so, as is pos- 
sessed by a general court-martial. When election returns or notice 
of appointment is received, the person elected or appointed shall 
be ordered by the Governor before a board for examination as pro- 
vided by law and in regulations. 

§1390. Oath of officers. Every person commissioned as an officer 
in the National Guard of this State, before he shall assume such 
rank and enter upon the duties of the office to which he may be com- 
missioned, shall accept such commission, and shall take and sub- 
scribe, before some person authorized, such oath and declaration as 
may be prescribed by the Governor. Any officer or enlisted man, 
active or retired, who accepts a commission, or any officer, active 
or retired, who enlists in any military organization of this or 
any other State or country, shall thereby vacate his former com- 
mission or enlistment, as the case m.ay be. In case of neglect or re- 
fusal to take, subscribe, and file such oath with the adjutant-general 
within ten days from the date of issue of said commission, such com- 
mission may be forthwith canceled by the Governor. 

; §1391. Retired officers. Any officer of the National Guard of this 
State who has served as such for not less than ten years, or who has 
served in the ranks and in commission for not less than fifteen years, 
may, upon application approved by the Governor, be honorably re- 
tired from active service with the highest rank, brevet or otherwise, 
that he has held in the service of this State : provided, that any offi- 
cer who discharges or has discharged the duties of a higher grade 
for a period of not less than four consecutive months, under special 
assignment from the Governor, may, when retired, be retired with the 
rank of said higher grade, and such officer shall have all the rights, 
privileges, immunities, and exemptions now or hereafter enjoyed by 
the. active militia of this State, and shall be entitled to wear upon all 



307 PUBLIC DEFENSE. §§1392,1393 

Officers' rank and eligibility. 

proper occasions the uniform of his rank : Provided, that the time 
of service in the Confederate States Army or Navy, or in the United 
States Army or Navy as a volunteer of this State subsequently to 
1870, shall be counted double in computing service, and that the 
service herein required need not be continuous, but must have been 
honest asd faithful ; and all such retired officers shall, with their con- 
sent, be available for active duty on all boards, courts-martial, su- 
perintendents of elections, and they shall perform such other duties, 
except to command troops, as may be from time to time assigned 
them by the Governor. All retired officers and all officers hereafter 
retired under the provisions of this law shall be commissioned, with- 
out examination, as officers of the National Guard of Georgia ^ ^Re- 
tired, " or of the Naval Militia of Georgia '^Retired," as the case 
may be, and officers retired from active duty, with the grade actu- 
ally held by them in active service at the date of retirement shall be 
commissioned to rank from the date of rank held in active service, 
and officers retired with a higher grade than that actually held by 
them in active service at the date of retirement shall rank from the 
date of their retirement : Provided, that officers now retired shall be 
commissioned as retired officers under the above-named conditions, 
and shall take and subscribe to the oath of office before the first day 
of March, 1906, and any such officer who shall fail or neglect to sub- 
scribe the said oath of office within the time specified shall be 
deemed to have forfeited his commission, and such commission 
shall be forthwith canceled. 

§1392. Retiring board. Whenever in the opinion of the Governor 
the interests of the service require, he is hereby authorized to ap- 
point a board of three officers, to be known as a Retiring Board, to 
pass upon the fitness of any offiqer for continuance in commission. 
Should this board, after giving such officer an opportunity to be 
heard, find that he for any cause whatever should not be continued 
in commission, such officer m.ay, with the approval of the Governor, 
be wholly retired from the service of the State, and his commission 
canceled; or should he be entitled to be commissioned as a retired 
officer, and the retiring board so recommend, he shall be withdrawn 
from active service, and commissioned as a retired officer. 

§1393. Discharge of officers. The Governor may discharge ar.y 
officer of the aforesaid military forces for any one of the following 
reasons, to wit : Upon tender of resignation, or when it appears to 
the Governor that an officer is unable or unfit to discharge the duties 
of his office, or to exercise proper authority over his inferior officers 
or soldiers, or that he has been convicted of an infamous crime, or 



§§1394, 1395 PUBLIC DEFENSE. 308 



p. 133. 



Enlistments. 



when he has removed his residence from the home station of his 
command to so great a distance that it is inconvenient to perform 
the duties of his office, or when he has been absent from his com- 
mand for a longer period than thirty days without leave of the Gov- 
ernor, or upon the disbandment of the organization to which he be- 
longs, or upon the recommendation of the retiring board, or in pur- 
suance of a sentence of a court-martial. 

§1394. Non-commissioned staff officers. Comm.anding officers of 
regiments and of battalions and squadrons not part of regiments 
shall appoint and warrant the non-commissioned staff officers of 
their respective regiments, battalions, and squadrons, and they shall 
in their discretion warrant the non-commissioned officers of the 
troops, batteries, and companies of their respective regiments, bat- 
talions, and squadrons from the members thereof, upon the written 
nomination of the com.m.anding officers of the troops, batteries, and 
companies respectively in troops, batteries, and companies not part 
of a regiment, battalion, or squandron ; and in signal, engineer, and 
hospital companies the non-commissioned officers shall be appointed 
and warranted by the commanding officer of such company or corps. 
Non-commissioned officers of the hospital corps shall be appointed 
and warranted by the commanding officer of the regiment or unas- 
signed battalion to which they belong, on recommendation of the sen- 
ior medical officer as in the case of other non-commissoned staff offi- 
cers, and the said commanding officer shall designate in orders the 
privates, first class, of the hospital corps : Provided, that no one shall 
be appointed a non-com.missioned officer of the hospital corps above 
the grade of corporal, except he be a practicing physician or a li- 
censed druggist and shall have been recommended for such appoint- 
ment by a medical officer of the organization under orders of its com- 
manding officer. 



ARTICLE 4. 
Enlistments. 



Acts^i905, §1395. Who may be enlisted. Any man who is a citizzen of the 

United States, or has declared his intention to become a citizen, if 
more than eighteen and less than forty-five years of age, able-bod- 
ied, free from disease, of good character and temperate habits, and 
who can read and write, may be enlisted in the National Guard- of 
this State. All enlistments shall be for a term of two years, unless 
otherwise ordered by the Governor. Persons discharged for the 



309 PUBLIC DEFENSE. §§1396-1400 

Enlistments. 

good of the service, or dishonorably discharged from the military or 
naval service of this or any other State or country, shall not be en- 
listed, unless such disability shall be removed in a manner satisfac- 
tory to the Governor. No minor shall be enlisted without the writ- 
ten consent of his parents or guardian. 

§1396. Re-enlistments. Any man who has served honorably a 
previous enlistm.ent in the military of this State may be re-enlisted 
for a term of two years, until otherwise ordered by the Governor : 
Provided, that no man above the age of forty-five years shall be re- 
enlisted unless the requirements of the preceding section have been 
complied with. 

§1397. Enlistment oath. Every person who enlists or re-enlists 
shall sign and m.ake oath to an enlistment paper, which shall contain 
an oath of allegiance to the State and to the United States, and be 
in such form as may be prescribed by the regulations issued by the 
Governor. Such oath shall be taken and subscribed before an offi- 
cer of the National Guard of the State; and any person making a 
false oath as to any statement contained in such enlistment paper, 
shall, upon conviction, be deemed guilty of perjury. 

§1398. Transfers. Commissioned officers shall not be transferred 
from, one organization or branch of the service to another, but may 
be reappointed and recommissioned to another office as provided in 
this Title. Enlisted men shall be transferred for cogent reasons 
only, and in the following manner : in the same regiment or unas- 
&;igned battalion or squadron, by the commander thereof; in all other 
cases by the Governor. Non-commissioned officers shall not be 
transferred as such, but will be reduced to the grade of private be- 
fore the transfer is effected. 

§1399. Retired enlisted roll. Any regiment, battalion, or com- 
pany may provide a roUto be known as the ''Retired Enlisted Roll," 
and any enlisted m.an of the comm.and who shall have served honor- 
ably for ten years in the service of this State shall be entitled to be 
honorably retired from active service by the Governor, and have his 
name placed on said roll with the highest enlisted rank he may have 
held in the service of this State, and shall be entitled to wear upon 
all proper occasions the uniform of his rank, and to parade with 
such organization upon any occasion or ceremony. Such service 
need not be continuous, but shall have been honest and faithful. 

§1400. Discharge of enlisted men. No enlisted man of the mili- 
tary forces of this State shall be discharged before the expiration of 
liis term of enlistment, except by order of the Governor, or for any 



§§1401-1403 PUBLIC DEFENSE. 310 

Drills, instructions, and inspections. 

of the following reasons, to wit: to accept promotion by commis- 
sion ; upon removal of residence from the State, or out of the bounds 
of the command to which he belongs, to so great a distance that in 
the opinion of his commanding officer he can not properly perform 
his military duty ; upon disability established by the certificate of a 
medical officer, or, where no medical officer is available, upon the 
certificate of a competent physician; upon conviction in the civil 
court of a crime involving moral turpitude ; upon his own applica- 
tion, approved by the commanding officer of the organization to 
which he belongs, and by superior commanders ; to carry out the sen- 
tence of a court-martial ; or whenever in the opinion of the Governor 
the interests of the service demand such discharge. 



CHAPTER 2. 

Drills, Instructions, and Inspections. 

^c^»_^^^905, §1401. Drills, instructions, target-practice. Officers and enlisted 

men of each troop, battery, and company shall assemble for and un- 
dergo drill and instructions at company, battalion, or regimental 
armories (troop squadron or battery armories for cavalry or field 
artillery) , or rendezvous, or for target-practice, not less than twenty- 
four times each calendar year preceding the annual allotment of 
funds under section 1661, Revised Statutes of the United States, 
as amended. During the same period there shall be at least one 
annual insepction of each troop, battery, and company by an officer 
of the National Guard, or by an officer of the regular army of the 
United States, at such times as the Governor may direct. In ad- 
dition to such drills and parades the commanding officer of any 
organization may require the officers and enlisted men of his com- 
mand to meet for drill or instruction at such times and places as 
he may appoint. 

§1402. Camps of instruction. Each troop, battery, or company 
not specially excused by the Governor will be required to partici- 
pate for at least five days annually in practice marches of camps 
of instruction, under such regulations as the Governor may pre- 
scribe, and under such instructors as he may appoint. 

§1403. Discipline. The same discipline and exercise of the Na- 
tional Guard of this State shall conform generally to that of the 
army of the United States as it now or may hereafter be prescribed 



311 PUBLIC DEFENSE. §§1404-1407 

Court-martial. Organization and jurisdiction of general court-martial. 

by the President, and to the provisions of laws of the United States, 
except as otherwise provided in this Title. 

§1404. Orders, how given. Orders for duty may be oral, or by 
reading the order to the person warned, or by delivering a copy 
to such person, or by leaving a copy of such order at the last known 
place of abode or business of such person with some one of suit- 
able age and discretion, or by sending a copy of such order or a 
notice containing the substance thereof to such person by mail, di- 
rected to him at his last known place of abode or business, or to the 
postoffice nearest thereto. Such warning may be given by any of- 
ficer or non-commissioned officer. The officer or non-commissioned 
officer giving su'ch warning shall make a return thereof, containing 
names of the persons warned, and the time, place, and manner of 
warning. Such return shall be verified by his oath, which may be 
administered by any officer. Such verified return shall be as good 
evidence, on the trial of any person returned as a delinquent, of 
the facts therein stated, as if such officer or non-commissioned officer 
had testified to the same before the court on such trial. Every com- 
manding officer shall make the like return, on honor, and with like 
effect, of every delinquency and neglect of duty of his officers and 
non-commissioned officers, and also of every enlisted man who shall 
refuse or neglect to perform such military duty as may be required. 

§1405. Excuses for absence. The officer ordering any military 
duty shall have the power to excuse any officer or enlisted man for 
absence therefrom upon good and sufficient grounds, unless other- 
wise provided. 

§1406. Attendance at drills, etc., enforced. The Governor or the 
commanding officer of any regiment, battalion, or company may 
enforce the attendance at any drill, encampment, or other duty of 
any officer or enlisted man of his command, and may use such force 
as may be necessary. 



CHAPTERS. 
COURT-MARTIAL. 

Organization and Jurisdiction of General Court-Martial. 

§1407. Courts-martial and courts of inquiry. Courts-martial and^^t« i^os. 
courts of inquiry for the National Guard of this State shall be of ^' ^^^' 
the same class and kind as shall from time to time be prescribed 



§§1408,1409 PUBLIC DEFENSE. 312 

Organization and jurisdiction of general court-martial. 

by law for the United States Army. A general court-martial shall 
be convened only by the orders of the Governor, and the punishing 
power of such court shall in time of peace extend to dishonorable 
discharge from the service of the State, forfeiture of all pay and 
gUowances, and such punishm.ent as is now or hereafter may be 
prescribed for misdemeanors by the penal laws of this State. Reg- 
imental, garrison, and summ.ary courts may be convened for -the 
trial of enlisted men by the commanding officer of any post, un- 
assigned battalion, or larger unit of organization, and the punish- 
ing powers of such regim^ental and garrison courts in time of peace 
shall extend to reduction to ranks, forfeiture of all pay and allow- 
ances, dishonorable discharge from the service of the State, and a 
fine of thirty dollars, or thirty days confinement in any guard-house, 
jail, or prison. The extent of summary court punishments shall be 
the same as regimental or garrison courts, except that the fine shall 
not exceed ten dollars, or the confinement shall not exceed ten days. 
Courts of inquiry m.ay be convened by the Governor or any com- 
manding officer, in like manner as provided by the 115th Article of 
War for such purpose as therein provided. The constitution and 
procedure of the aforesaid courts shall be the same as for like courts 
in the United States Army, except in so far as may be modified by 
this Title, and the regulations issued by the Governor in pursuance 
thereof: Provided, that no sentence of confinement in other than 
a m.ilitary guard-house shall be enforced until approved by the 
Governor. The aforesaid courts shall have the same power to com- 
pel the attendance of civilian and military witnesses as possessed 
by civil courts of this State ; and shall also have power to punish 
for contempt of their authority, the same as superior courts of this 
State. In case of war or insurrection, or imminent danger thereof, 
the aforesaid courts shall have authority to impose forfeitures, 
fines, and penalties in accordance with military law and the Articles 
of War governing the United States Army. 

§1408. Immunity of officers. No action or proceeding shall be 
prosecuted or maintained against a member of a military court, or 
officer acting under its authority or reviewing its proceedings, on 
account of approval or imposition or execution of sentence, or the 
imposition or collection of a fine or penalty or the execution of any 
warrant, writ, execution, process, or mandate of a military court. 

§1409. Jurisdiction presumed* The jurisdiction of the courts 
and boards established by this Title shall be presumed, and the bur- 
den of proof shall rest upon any person seeking to oust such courts 
or boards of the jurisdiction in any action or proceeding. 



313 PUBLIC DEFENSE. §§1410-1413 



Exemption from jury and road duty, and street tax. 



§1410. Convicts, disposition of. When the punishment inflicted 
by courts-martial is, or includes, imprisonment and chain-gang 
punishment, or either, the person so convicted shall be delivered 
by the military authorities to the sheriff of the county wherein 
such conviction was had, together with a copy of the sentence of 
the court, to be dealt with as if such conviction had been had in 
the superior court of such county. 

§1411. Discharge or expulsion, efifect of. Soldiers or officers dis- 
charged for the good of the service, or dishonorably discharged or 
expelled from the military forces of this State, or from the volun- 
teers or National Guard of any other State, or from the army or 
navy of the United States, shall not be enlisted, and shall not be 
appointed to nor allowed to hold any military position, either of 
honor or emolum.ent, unless such discharge or expulsion shall have 
been revoked or the disability removed by the Governor. 

§1412. Penalties, how enforced. All fines, forfeitures, and pen- 
alties assessed by any court-martial shall be collected* by execu- 
tion issued under the hand of the president of the court, and di- 
rected to the sheriff and returnable to the superior court of the 
county in which the delinquent resides, and shall have the same 
force and effect as civil process of the same character. All moneys 
collected from such fines and forfeitures shall be paid into the mil- 
itary fund of the State, except those collected by the execution of 
company courts-martial, which shall be paid to the company or 
organization treasury. 



CHAPTER 4. 

Exemption From Jury and Road Duty, and Street Tax. 

§1413. Exemption from road duty, jury duty, and street tax. Acts idos. 
Every officer and enlisted man of the aforesaid military forces shall ^' 
be exempt from road duty and street tax during the time of his 
service. Each company of the State military forces shall have the 
privilege of bearing upon its roll a class of membership, not to ex- 
ceed thirty in num.ber, to be known and designated as ''special 
pay members," who, upon paying a sum of money, as prescribed by 
said com.pany, not less than twenty-five dollars per annum to said 
company, shall be exempt from jury duty, road duty, and street 
tax so long as such membership is continued. Certificates of mem- 
bership shall be prepared and signed by the com.pany commander 



§§1414-1416 PUBLIC DEFENSE. 314 



Military fund. 



and delivered to each of the special pay members of the company, 
and when produced in any court of this State shall be evidence of 
the right of the holder thereof to the exemptions herein granted. 

§1414. Exemption from civil process. No person belonging to the 
active militia of the State shall be arrested on any civil process 
while going to, remaining at, or returning from any place at which 
he may be required to attend for military duty, and no part of 
the uniform or equipment of any officer or soldier of the National 
Guard or Naval Militia of this State shall be subject to levy and sale 
for debts. 



CHAPTER 5. 
Military Fund. 



Acts 1905, §1415. Military fund. All moneys appropriated by the General 

Assembly for military or naval purposes shall continue and be 
kept in the treasury as a separate fund, to be known as the ''mil- 
itary fund," and all moneys collected for fines or forfeitures, or 
loss of or damage to any military property, or otherwise, under the 
provision^ of this Title, by any officer or civil or military court, 
shall be paid into this fund. All moneys placed in the military fund 
shall remain available for military purposes, and shall not be cov- 
ered into the general fund of the treasury ; and no part of said mil- 
itary fund shall be used for any purpose except as shall be au- 
thorized by law, and it shall be drawn from the treasury only on 
the warrant of the Governor, according to law. 

§1416. Expenses of militia, how paid. No officer or soldier of 
the militia shall incur any expense whatsoever to be paid by the 
State, except such as is authorized by this Title, without first ob- 
taining the authority of the Governor ; in extreme emergencies, how- 
ever, the commanding officer of any organization or detachment 
of the active militia may make purchase of such necessities as 
are absolutely required for the immediate use and care of his com- 
mand ; a report of such action, containing a statement of the articles 
purchased and the price thereof, must be made forthwith through 
the military channel to the adjutant-general. The adjutant-gen- 
eral, or such officer as the Governor may designate, shall be the 
auditor of all accounts payable from the military fund of the State, 
and copies of the orders or contracts under which such purchases 
are made shall be filed in his office. 



315 PUBLIC DEFENSE. §§1417-1419 

Volunteer forces not to leave, and foreign forces not to enter, the State. Military provisions and rules. 



CHAPTER 6. 

Volunteer Forces not to Leave, and Foreign Forces not to Enter, the 

State. 

§1417. Governor's consent necessary. No part of the organized ^p^*|3^^^^' 
militia of this State shall leave the State as an organization, with 
or without arms, without the consent of the Governor; and any 
organization so offending shall be disbanded. 

§1418. Foreign forces. No armed militia force from another 
State, Territory, or District shall be permitted to enter the State 
for the purpose of doing military duty therein, without the per- 
mission of the Governor, unless such force is part of the United 
States Army or is acting under the authority of the United States. 



CHAPTER 7. 

Military Provisions and Rules. 

§1419. Pay for active service. Whenever any officer 'or enlistedActs i905, 
man is ordered on active duty by the Governor or his authority, 
or in pursuance of law, for the purpose of quelling insurrection, 
suppressing mobs or riot, or otherwise, their pay, in addition to 
all transportation, quarters, and subsistence, shall be for each day 
as follows : brigadier-generals, six dollars ; colonels, five dollars ; 
lieutenant-colonels and majors, four dollars; captains, three dollars; 
lieutenants, two dollars ; all non-commissioned staff officers and first 
sergeants, one dollar and fifty cents ; all other non-commissioned 
officers, one dollar and twenty-five cents; all privates, one dollar. 
In computing the length of the term of service, a day's pay shall be 
allowed for each twenty-four hours or fraction thereof, beginning 
with the hour that the duty commences. Any officer on duty under 
pay who discharges the duties of a higher grade for a period of 
not less than thirty consecutive days, under special assignment from 
the Governor, shall be paid as of the higher rate of pay. 

After fifteen days continuous service, when called out on State 
duty, the pay and allowances of officers and men shall be the same 
as for like grades in the United States Army. Pay when engaged 
in camp and field service for instruction, as provided in sections 14 



§§1420,1421 PUBLIC DEFENSE. 316 

Uniforms and Confederate flags. 

and 15 of the- Act of Congress ''to promote the efficiency of the 
militia, and for other purposes, ' ' approved January 21st, 1903, shall 
be the same as received by like grades in the United States Army. 
Troops ordered out for inspection, muster, small-arms practice, drill, 
parade, review, or other ceremony, or field service for instruction, 
not extending beyond one day, shall not be entitled to pay unless 
so specified by authority of the Governor in the order for such 
service. The Governor may, in his discretion, deduct, or have de- 
ducted, from the pay due any officer or enlisted man the amount 
of any indebtedness due the State by such officer or enlisted man 
for military fines or forfeitures, or for damages to or loss of any 
military property of the State, or of the United States issued to 
the State. The compensation herein provided for, as well as the 
cost of transportation, subsistence, and quarters, shall be paid out 
of the military fund, unless otherwise specially provided. 

§1420. Allowance for rent. Whenever the State military fund 
will permit, the Governor, in his discretion, may make an allowance 
to each com.pany, and to each headquarters of regiments and un- 
assigned battalions or squadrons, and to signal, engineer, and hos- 
pital corps, for the purpose of defraying their rent and other in- 
cidental expenses, to be paid and accounted for in such manner as 
may be prescribed by regulations. 



CHAPTER 8. 

Uniforms and Confederate Flags. 
Acts 1905, S1421. Dress and service uniforms. There shall be a dress and 

p. 133. 

1907, p'. 102. service uniform prescribed from time to time by the Governor and 
furnished to the enlisted men of such commands as may make 
Xjroper rquisition therefor. Any com.mand having and using a 
uniform heretofore adopted by it may retain and use such uniform 
at all tim.es and for all purposes until such command shall make a 
material change in the uniform in use by it, when such change shall 
be to the regulation uniform. Changes in the cut of the coat or 
blouse, or in the shape of the cap or other headgear, or in the trim- 
mings of either, shall not be deemed material changes. Any com- 
pany, battalion, or regiment may adopt and wear a full-dress uni- 
form when the whole command to which they are attached are sim- 
ilarly equipped. 



317 . PUBLIC DEFENSE. §§1422-1426 

The flag of the State. 

§1422. Uniform, etc., of officers. Every commissioned officer shall 
provide himself with the arms, uniforms, and equipments prescribed 
and approved by the Governor. 

§1423. Allowance for equipment of officers. Whenever the state 
of the military fund will permit, the Governor, in his discretion, 
may prescribe an allowance to officers to cover the expense of their 
uniforms, arms, and equipment. 

§1424. Confederate flags, preservation of. The flags of the Geor-Acts i906, 
gia State troops, who served in the army of the Confederate States, 
and which have been returned to the State by the United States 
government, shall be preserved for all time in the capitol of the 
State, as priceless mementoes of the cause they represented, and of 
the heroism and patriotism of the men who bore them. 

§1425. Duty of the Governor. "When any such flag shall be offered 
to the State it shall be the duty of the Governor to accept at in behalf 
of the State, and make such provision for its preservation as may be 
necessary to protect and preserve it from the ravages of time and 
dust and moths. 



CHAPTER 9. 

The Flag of the State. 

§1426. Description of flag. The flag of the State of Georgia shall Acts 1905, 
be a vertical band of blue next to the flagstaff, and occupying one 
third of the entire flag ; the remainder of the space shall be equally 
divided into three horizontal bands, the upper and lower of which 
shall be scarlet in color, and the middle band white. On the blue 
fleld shall be stamped, painted, or embroidered the coat of arms of 
the State. Every regiment and unassigned battalion or squadron 
shall, when on parade or review, carry this flag. It shall not be 
lawful for any person or persons to use the State flag or coat of 
arms for advertising purposes,- or otherwise desecrate or misuse the 
same; and those so offending shall be deemed guilty of a misde- 
meanor, and upon conviction shall be fined therefor. 



§§1427-1430 PUBLIC DEFENSE. 318 



Right of way for troops. Arms and amtQunitions. 



CHAPTER 10. 

Right of Way for Troops. 

Acts 1905, §1427. Right of way for troops. The United States forces or 

p. 13<J. 

troops, or any portion of the Georgia military forces, being as- 
sembled for any purpose, or performing any duty according to law, 
shall have the right of way in any street or highway through which 
they may pass: Provided, that the carriage of the United States 
mails, the legitimate functions of the police, and the progress and 
operation of fire-engines and fire departments shall not be unneces- 
sarily interfered with thereby. 



CHAPTER 11. 

Arms and Ammunitions. 

-^cts^i905, §1428. Equipment, how provided. All organizations shall be pro- 

vided by the State with such arms, equipment, colors, camp and 
garrison equipage, books of instruction and of record, and other 
supplies as may be necessary for the proper performance of the 
duty required of them by this Title ; and each organization shall 
keep such property in proper repair and in good condition. The 
Governor shall cause the necessary inspection to be made to ascer- 
tain if this section is fully complied with; and in case any organ- 
ization shall be found deficient in the care of the property entrusted 
to them, they may, in addition to replacing such loss or damage, be, 
in the discretion of the Governor, disbanded. 

§1429. Purchases for officers or enlisted men. The Governor is 
authorized, upon the request of any officer or enlisted man of the 
militia, to purchase for cash, at the expense of such officer or en- 
listed man, under such regulations as may be prescribed by the 
Governor, any military stores, supplies, or material of war, or mil- 
itary publication, sold in open market or by the United States uq- 
der section 17 of an Act of Congress ''to promote the efficiency of 
the militia, and for other purposes," approved July 21, 1903, and 
to make the aforesaid officer or enlisted man the proper bill of sale 
for property so purchased. 

§200. §1430. Property, how accounted for. All arms accoutrements, 

and other property for the use of a company shall be issued to, re- 



319 PUBLIC DEFENSE. §1430 

Arms and ammunitions. 

ceipted for, and accounted for by the commanding officer thereof. ^ 
All property for the use of the headquarters of a regiment, including 
its battalions, or an unassigned battalion, including bands and hos- 
pital corps, shall be issued to, receipted for, and accounted for by 
the quartermaster thereof. Property issued to officers and enlisted 
men of the general staff department shall be under such regulations 
as the Governor may prescribe. No issue of property shall be made 
until after there shall have been executed and delivered to the 
Governor a personal bond with two sureties, or a bond of a surety 
company, to be approved by the adjutant-general, by the officer 
who is responsible and accountable for such property, in such sums 
as may be prescribed by regulations, payable to the Governor and 
his successors in office, when required, for the safe-keeping, proper 
use and care, and prompt surrender of such property with which 
he may be properly chargeable. In the event of death, resignation, 
prom.otion, or dismissal of any officer accountable for personal prop- 
erty, the officer succeeding to his duties shall, within sixty days from 
the date of the aforesaid resignation, promotion, death, or dismissal, 
furnish a good and sufficient bond, as above required, and shall re- 
port to the Governor the arms, accoutrements, and other military 
property remaining on hand of those originally issued to the com- 
mand or officer, and shall have delivered to the Governor his bond 
and receipt for same. In the event of failure to comply with the 
above conditions, the commission of such officer shall be declared 
vacated. The person giving bond for arms, accoutrements, and 
other military property, his executors, administrators, and sureties, 
shall be liable to suit in the proper courts for damages resulting 
from any breach thereof, and it shall be the duty of the adjutant- 
general to secure a settlement of same. Every officer or soldier to 
whom public property has been issued shall be personally responsible 
to the officer accountable for such property, and to the State, for the 
safe-keeping, proper use and care, and prompt surrender of such 
property, and may be prosecuted in any court, civil or military, 
having jurisdiction thereof, for any loss or injury to the same, and 
all such persons shall be subject to attachment and garnishment 
under the rules of the law governing such remedies. Any officer 
or soldier who shall sell or otherwise dispose of any arms, accou- 
trements, or other personal property belonging to the State, or is- 
sued to the State by the United States, in his custody, possession, 
or control, or who shall issue or use such property, or allow such 
property to be used or issued, in a manner other than that provided 
for in this Chapter and the regulations issued in pursuance thereof, 
or who shall refuse to deliver such property to the proper officer when 



§§1431,1432 PUBLIC DEFENSE. 320 

Arms and ammunitions. 

called for, shall be guilty of a misdemeanor, and upon conviction 
by a court-martial shall be punished therefor and shall be dismissed 
from the military service of the State. No one shall be relieved 
from responsibility, or accountability, as the case may be, or both, 
for public property issued them unless it be shown to the satis- 
faction of the Governor that it has been properly disposed of, or that 
' any loss or damage thereto was unavoidable and in no way the fault 
of the person responsible, or accountable, for the property; and in 
all other cases the value of the property lost or damaged shall be 
charged against the person at fault, or to the organization to which 
it has been issued, and such person or organization, if not relieved 
from such charge by the Governor, shall pay the value of such prop- 
erty to the adjutant-general within a reasonable time after such 
loss or damage; and upon a failure to do so, the 'adjutant-general 
shall proceed to collect the account in the courts having jurisdiction. 
The value of lost or dam^aged property and the person or organiza- 
tion to be charged therewith may be determined by a board of offi- 
cers to be appointed by the Governor, which shall consist of three of- 
ficers, including an officer of the inspector-general's department. 

1431. Seizure of State's property. The property issued by the 
State to its militia remains the property of the State, and it shall 
be unlawful for any person not connected with the militia to retain 
possession thereof, unless the title is acquired under the authority of 
the law. It shall, therefore, be the duty of any officer of tiie Na- 
tional Guard to seize or cause to be seized property of the State in 
the possession of parties not entitled thereto, and, wl;erc such offi- 
■ cer has reason to apprehend that any property of the State has been 
wrongfully converted, to seize the same, if such seizure is necessary 
to preserve the property, or to prevent the escape of Ihe person in 
possession thereof; and when such officer has reason to apprehend 
that the property of the State has been secreted or concealed, it 
shall be his duty to go before an officer authorized to administer 
oaths, and to make oath that he has reason to believe that said prop- 
erty is so concealed, stating the places to be searched ; and it shall 
be the duty of a civil officer to issue a warrant authorizing the 
search of the premises described in the affidavit. 

§1432. Governor may accept donations. The Governor, in his 
discretion, is authorized to accept donations of lands and buildings 
to be used for military purposes by the organized militia of the 
State, under such conditions as the donors may nominate; and he 
is empowered to make such rules and regulations governing such 
property as he may deem best for the interest of the State and the 
organized militia. 



321 PUBLIC DEFENSE. §§1433,1434 



state of insurrection. Kiots, mobs, etc. 



CHAPTER 12. 
Riots and Mob Violence. 



AETICLE 1. 

State of Insurrection. 

§1433. Insurrection. Whenever any portion of the militia is em- Acts looo 
ployed in aid of the civil authorities, the Governor, if in his judg- 
ment the maintenance of law and order will be thereby promoted, 
may, by proclamation, declare a State of insurrection in the locality 
in which the disorder is located; and he may give authority to the 
commanding officer in such district to close places where firearms 
and m^unitions of war are sold, bar-rooms and other disorderly 
places ; and such officer or officers shall have the right to do and per- 
form any act or acts, or direct them to be performed, whether affect- 
ing private, corporate, or public rights, that, in his discretion, may be 
necessary or advisable to suppress or prevent any unlawful assembly. 



ARTICLE 2. 
Riots, Mobs, &c. 

§1434. Governor's duty. Whenever any judge of the superior ^^cts 1905, 
court, or a city court, county court, county sheriff, mayor of any in- §§362-365. 
corporated city, town, or village, in this State, whose authority shall 
rank in the order named, shall have reasonable cause to apprehend 
the outbreak of any riot, rout, tumult, insurrection, mob, unlawful 
assembly, or combination to oppose the enforcement of the law by 
intimidation, force, or violence, within the jurisdiction of which such 
officer is by law a conservator of the peace, which can not be 
speedily suppressed or effectually prevented by the ordinary posse 
comitatus and peace officers, it shall forthwith become the duty of 
the judge, sheriff, or mayor to report the facts and the circum- 
stances to the Governor and to request him to order out such por- 
tion of the mJlitia of the State as may be necessary to preserve the 
peace; and it thereupon shall be the duty of the Governor, if he. 
deems such apprehension well founded, to order out, or direct to be 



§§1435,1436 PUBLIC DEFENSE. 322 

Powers of judge, sheriff, and mayor. Order to disperse before firing. 

held in readiness, such portion of the militia of the State as he may 
deem advisable for the enforcement of the law ; and he may require 
the officer in command of the troops to report to such civil officer 
as he may direct, and to obey the order of such civil officer; or, if 
the Governor deems it advisable, he may specially instruct the of- 
ficer in command of such troops as to the duties required of them, 
and to direct their execution under the immediate control of the 
Governor. 



ARTICLES. 

Powers of Judge, Sheriff, and Mayor. 

Acts 1905, §1435. Emergency, power of judge, sheriff, or mayor. Whenever 

any riot, outbreak, tumult, mob, rout, or unlawful assembly shall 
occur or be imminent, under such circumstances that timely appli- 
cation can not be made to the Governor and action had thereon by 
him, any judge aforesaid, or sheriff of any county, or mayor of any 
city, town, or village, in which any of the said organized militia are 
located, if he ascertain or has good reason to believe that the or- 
dinary posse comitatus or civil power of the county, town, or vil- 
lage, where such violation of the laws and the peace of the State 
occurs or appears imminent, are or would be unable to promptly sup- 
press or prevent the same, may, without first making applica- 
tion to the Governor, direct the commander of any part of the or- 
ganized militia in the county, city, town, or village, where such law- 
lessness exists or is threatened, to report with his command to such 
civil officer, to enforce the laws and preserve the peace, and it shall 
be the duty of such commander and all persons composing such 
comm.and, to obey such order, which, however, must be in writing 
as required in section 1458 and as specified by said action. 



ARTICLE 4. 

Order to Disperse Before Firing. 

^^■^^gj^o^' §1436. Dispersion of mob. Before using any military force in the 

suppression of any riot, rout, tumult, mob, or other lawless or un- 
lawful assembly or combination, it shall be the duty of the civil of- 
ficer calling out such military force, or of some other conservator 



323 PUBLIC DEFENSE. §§1437,1438 



Penalty for riot and failing to disperse. 



of the peace, or of the officer in command of the troops, or some 
person by him deputed, to command the persons composing such 
riotous, tumultous, or unlawful assemblage or mob to disperse and 
return peaceably to their respective abodes and business. But in 
no case shall it be necessary to use any set or particular form of 
words in ordering the dispersion of any riotous, tumultuous, or un- 
lawful assembly; nor shall any command be necessary when the 
officer or person, in order to give it, would be put to imminent 
danger of loss of life, or bodily harm, or where such unlawful as- 
semblage or mob is engaged in the commission or perpetration of 
any felony, or in assaulting or attacking any civil officer or person 
called to aid him in the preservation of the peace, or is otherwise 
engaged in the actual violence to person or property. 



ARTICLE 5. 

Penalty for Riot and Failing to Disperse. 

§1437. Failure to obey order to disperse. Any person or per-^^^ts^i^os, 
sons composing or taking part in any riot, rout, mob, tumult, or law-§3^4. 
less combination or assembly mentioned in Article 3, who, after 
being duly commanded to disperse, willfully and intentionally fails 
to do so as soon as practicable, shall be guilty of a felony, and on 
conviction thereof shall be imprisoned in the penitentiary not less 
than one nor more than five years. 

§1438. Killing rioters or injuring property. Any person or per- Acts 1905, 
sons composing or taking part, or about to take part, in any riot, 
rout, mob, tumult, or unlawful combination or assembly mentioned 
in this Title having been duly commanded to disperse, or where 
the circumstances are such that no com.mand is requisite, under the 
provisions of this Title, the civil officer to whom such force is or- 
dered to report, or the military officer in command, shall take such 
steps and make such disposition for the arrest, dispersion, and 
quelling of the persons composing or taking part in any such mob, 
riot, tumult, outbreak, or unlawful assembly or combination men- 
tioned in this Title as may be deemed by him requisite to that end; 
and if in doing so any person is killed, wounded, or otherwise in- . 
jured, or any property injured or destroyed by the civil officer, or of- 
ficer or member of said military forces, or by any other person law- 
fully aiding them, such civil officer, military officer, or member of 
said military forces, or person lawfully aiding them shall be held 



§§1439,1440 PUBLIC DEFENSE. 324 

Assaulting troops and resisting attack. 

guiltless in all cases, unless it be made to appear that such killing, 
wounding, or injury of persons, or injury to or destruction of prop- 
erty, was wanton or malicious ; and should any officer or soldier be 
sued in any civil court or prosecuted in the criminal court, charged 
with any damage to private property or injury to person in the per- 
formance of any of the foregoing duties, or any act in the line of 
his duty, it is hereby made the duty of the solicitor-general, at the 
State's expense, to defend such officer or soldier. 



ARTICLE 6. 

Assaulting Troops and Resisting Attack. 

^i?i33^^^' §1439. Resisting attack. If any portion of the military forces, 

or other persons lawfully aiding them in the performance of any 
duty under the provisions of this Title, are assaulted, attacked, or 
in imminent danger thereof, the commanding officer of such troops 
need not await any order from any civil officer, but may at once 
proceed to quell such attack and take all other needful steps for the 
safety of his command. 

§1440. Duty of citizens when shot is fired. Whenever any shot 
is fired or missile thrown at, against, or upon any body of said mili- 
tary forces, or at, against, or upon any officer or member thereof, as- 
sembling or assembled for the purpose of performing any duties 
under the provisions of this Title, it shall forthwith be the duty of 
every person in the assem.blage from which the shot is fired, or the 
missile thrown, to immediately disperse and retire therefrom with- 
out awaiting any order to do so; and any person knowing or hav- 
ing a reason to believe that a shot has been fired or missile thrown, 
as aforesaid, from any assem.blage of which said person forms a part, 
or with which he is present, and failing immediately, without law- 
ful excuse, to retire from such assemblage, shall be guilty of a 
misdemeanor; and any person so remaining in such assemblage after 
being duly commanded, as provided hereinbefore, to disperse, shall 
be guilty of a felony, and on conviction thereof shall be imprisoned 
in the penitentiary for not less than one nor more than five years. 



325 PUBLIC DEFENSE. §§1441, 1442 



Control of streets. Naval militia. 



ARTICLE 7. 

Control of Streets. 

§1441. Control of streets. "Whenever any riot, rout, tumult, mob, Acts 1905, 
or unlawful assembly has occurred or is progressing, or is so im- 
minent that any portion of the said military forces is or has been 
called out for the performance of any duty under the provisions of 
this Title, it shall be lawful for the civil officer, under whose orders 
the military forces are acting, or of the commanding officer of such 
military forces, if it be deemed advisable to do so, in subduing or 
preventing such riot, rout, mob, tumult, or unlawful assemblage or 
the outbreak thereof, to prohibit all persons from occupying or 
passing any street, road, or place in the vicinity of the riot, rout, mob, 
tumult, or unlawful assembly, or the place where the same is threat- 
ened, or where the said military forces may be at the time being, 
and otherwise to regulate the passage and occupancy of such streets 
and places. Any person, after being duly informed of such pro- 
hibition and regulation, who attempts to go or to remain on such 
street, road, or place, or who fails to depart after being warned, is 
guilty of a misdemeanor, and upon conviction shall be punished 
therefor. 



CHAPTER 13. 
Naval Militia. 



§1442. Naval Militia. In addition to the National Guard, the Gov- ^^^s 1905. 
ernor in his discretion may, in time of peace, organize a battalion 
of naval militia to consist of not less than two or more than four 
divisions, to be organized by voluntary enlistment, for the defense 
of coasts and harbors, which battalion shall be designated as the 
first battalion naval militia of Georgia. The officers of said bat- 
talion shall be a commander, one lieutenant-commander to act as 
executive officer, one lieutenant to act as navigator, one aide, one 
ordnance officer, one paymaster, and one surgeon, each with the 
rank of lieutenant, junior grade, and there may also be attached to 
the staff of the commanding officer the following warrant and petty 
officers : one master-at-arms, one electrician, one chief gunner's mate, 
one chief quartermaster, four quartermasters, and eight signal men, 
two yeomen, one hospital steward, who must be a licensed druggist, 



§§1443-1445 PUBLIC DEFENSE. 326 

Naval militia. 

and one chief boatswain's mate. Also, where there is a ship on 
station, there shall be an engineer's division, to consist of one chief 
engineer with the rank of lieutenant, and two assistant engineers 
with the rank of ensign, and four oilers and four water tenders 
without rank. The commander and lieutenant-commander are to be 
elected in a similar manner to field officers of the National Guard, 
and the other officers and non-commissioned staff officers are to be 
appointed or warranted by the commander in a similar manner as 
officers and non-commissioned staff officers of battalions of the Na- 
tional Guard. 

§1443. Officers of artillery and torpedo divisions. Each division 
of naval artillery and the naval torpedo division shall be com- 
manded by a lieutenant, and in addition shall contain one lieutenant, 
junior grade, two ensigns, and not less than forty nor more than 
seventy-two warrant and petty officers and seamen, as enlisted men. 
The naval torpedo division shall not consist of more than three 
crews, each of which will contain at least six petty officers and sea- 
men. The first crew shall be commanded by a lieutenant, junior 
grade, and the second and third crews by two ensigns. Each tor- 
pedo crew shall contain at least two men with a practical knowledge 
of electricity, and two others with a practical knowledge of steam- 
engineering. 

§1444. Service and pay. The officers and enlisted men of the 
aforesaid naval battalion, or any part thereof, shall perform such 
duty or service as may be ordered by the Governor, and shall be 
paid the same compensation as provided for like grades in the 
National Guard, when they have not received any compensation 
from the United States. 

§1445. Battalion to correspond to same in National Guard. The 

naval battalions shall be considered to correspond to a battalion in 
the National Guard of Georgia, and shall be entitled to the same 
privileges and allowances of such battalion. Each division of such 
naval battalion shall be considered to correspond to a company of 
the National Guard of Georgia, and shall be entitled to the same 
privileges and allowances. The members of the naval battalion, 
and each division thereof, may form themselves into an organiza- 
tion, and adopt by-laws in the same manner, with the same powers, 
and subject to the same limitations as are prescribed for members of 
companies in the National Guard of Georgia. 



327 PUBLIC DEFENSE. §§1446-1448 

Miscellaneous provisions. 



CHAPTER 14. 

Miscellaneous Provisions. 

§1446. Trespass on camp-grounds and other places. The corn-Acts 1905, 
manding officer upon any occasion of duty, or his duly authorized 
representative, may place in arrest during the continuance thereof, 
and deliver to the proper civil authorities with charges in writing, 
after relief from such duty, any person who shall, after due warning, 
trespass upon the camp-ground, parade-ground, armory, or other 
place devoted to such duty, or shall in any way or manner interrupt 
or molest the orderly discharge of duty by such troops, or shall dis- 
turb or prevent the passage of troops going to or returning from 
any duty, or shall insult, by jeer or otherwise, any officer or soldier 
while on duty or going to or returning from duty. He may prohibit 
and prevent the sale, giving away, or use of all spirituous liquors, 
wines, ale, or beer, the holding of huckster or auction sales, all 
gambling, and the establishment and maintenance of disorderly 
places within the limits of the post, cam.p-grounds, rifle-range, place 
of encampment, drill, parade, review, or other occasion under his 
command, or within such limits not exceeding one mile therefrom, 
as he may prescribe. Any person who shall offend as provided in 
this section shall be guilty of a misdemeanor. 

§1447. Other military organizations. It shall not be lawful for 
any body of men whatever, other than the military forces of this 
State, and the troops of the United States, and bodies of police, to 
associate themselves together as a military organization or to drill 
or parade with arms in this State, without the license of the Gov- 
ernor, which license may at any time be revoked : Provided, the stu- 
dents of educational institutions where military science is part of 
the course of instruction may, with the consent of the Governor, 
drill and parade under arms in public under the superintendence of 
their instructors. And provided further, that nothing herein con- 
tained shall be construed as to prevent benevolent, secret, or social 
organizations from wearing swords and parading with side arms. 
A^Tioever offends against the provisions of this section, or belongs to 
or parades with any such unauthorized body of men with arms, shall 
be guilty of a misdemeanor. 

§1448. Incorporated commands. Nothing in this Title shall de-^cts 1905, 

p . . . . . P' 133, 

feat or impair the existing rights and privileges of any incorporated 1907, p. 102. 
regiment, battalion, or company, under their respective charters 



§§1449-1452 PUBLIC DEFENSE. 328 



Miscellaneous provisions. 



and amendments thereto, and exemptions allowed by special Acts 
of the G-eneral Assembly, which are in no wise contrary to the re- 
quirements of the War Department of the United States, made in 
pursuance of the Act of Congress entitled ''An Act to promote the 
efficiency of the militia, and for other purposes,'' approved January 
21st, 1903. 

^pHolT'^' §1449. Organizations not subject to the Act of Congress. Noth- 

ing in this Title contained shall be construed to prohibit the exist- 
ence and maintenance of military organizations established under 
the laws of this State, applicable to its National Guard, which are 
not subject to the Act of Congress, entitled "An Act to promote the 
efficiency of the militia, and for other purposes," approved January 
21, 1903. 

§1450. Wearing uniform unlawfully. Any person who shall wear 
any uniform or any device, strap, knot, button, or insignia of any 
design or character used as a designation of grade, rank, or office, 
such as are by law, or general regulation duly promulgated, pre- 
scribed for the use of the active militia, or any uniform similar 
thereto in appearance, style, or make-up, except members of the 
army and navy of the United States and of the active militia of 
this or any other State, or who shall in any manner impersonate any 
officer or enlisted man of the active militia of this State, shall be 
deemed guilty of a misdemeanor: Pl-ovided, that this section shall 
not apply to persons wearing on the stage any such uniform at 
theatrical or like performances. 

§1451. Names of organizations. Kegiments, battalions, and com- 
panies already organized may retain any special name or designa- 
tion they may have adopted, or may have by charter if incorporated, 
and any regiment, battalion, or company hereafter organized may 
adopt and retain any special name or designation it may select, which 
name may be changed at any time by a majority vote of the organi- 
zation; but regiments and unassigned battalions must be numbered 
in their respective arms, and every company attached to a regiment 
or unassigned battalion must be designated in such regiment or un- 
assigned battalion by a letter of the alphabet. 

§1452. Music. The commanding officer of any organization may 
employ any band or field music, not part of the organized militia 
of this State, to furnish music at any drill, parade, review, encamp- 
ment, or occasion, and all members of such band or field music so 
employed and there present for duty shall be subject to orders, dis- 
cipline, and regulations, and for that purpose shall be considered as 



329 PUBLIC DEFENSE. §§1453-1457 



Miscellaneous provisions. 



regularly enlisted men during the time of such drill, parade, review, 
encampment, or other occasion, and for the violation of such orders, 
discipline, or regulations they shall be liable to all the penalties 
prescribed for enlisted men, and shall be subject to trial therefor by 
a court-martial during the continuance of such duty or within 
thirty days thereafter. 

§1453, Returns of fines or penalties. All officers of said military 
forces receiving fines or pecuniary penalties collected by execution 
shall make a return thereof to the adjutant-general, or to such offi- 
cer of his department as he may designate, at least once a year, or 
oftener if necessary. The adjutant-general shall lay an abstract of 
same before the Governor annually. 

§1454. Officers may administer oaths. Any officer of the military 
forces of this State is authorized to administer oaths in matters per- 
taining to the military service, and to witness military papers over 
his official signature, for which no charge shall be made. 

§1455. Protection of prisoners. The commanding officer of any^^^^^^^^^^' 
body of said military forces guarding any jail, building, or other 
place, or escorting any prisoner or performing any other acts of 
duty, may, if he deems it advisable, prescribe a reasonable distance 
in the vicinity of such jail, building, or other place or escort of such 
prisoner, within which persons shall not come and any person com- 
ing within such limits without the permission of said officer, or re- 
fusing to depart after being ordered to do so, shall be guilty of a 
misdemeanor, and shall be placed under arrest by the military au- 
thorities, using such force as may be necessary. 

§1456. Reports to Governor. Whenever any troops are ordered 
out by a civil officer under the provisions of this Title, without first 
obtaining an order from the Governor, it shall be the duty of the 
civil officer, and also of the commander of such troops, to report the 
facts to the Governor as soon as practicable. 

§1457. Change of venue. Any civil officer, military officer, or 
member of the said military forces, or any person lawfully aiding 
them in the performance of any military duty required under the 
provisions of this Title, if indicted or sued for any crime or trespass, 
or for any injury to person or property in endeavoring to perform 
such duties, shall have the right, and it is hereby made the duty of 
the court in which such indictment or suit is pending, upon the ap- 
plication of any person thus indicted or sued, to transfer the trial 
of the indictment or suit to som.e county other than that in which 
the indictment was found or the injury done. Such transfer shall 



^§§1458,1459 PUBLIC DEFENSE. 330 

Miscellaneous provisions. 

be to any county that may be agreed upon by the solicitor-general 
and the defendant or his counsel, in case of indictment ; or by the 
parties and their counsel, in case of suit. If a county is not thus 
agreed upon, the judge shall select such county as, in his judgment, 
will afford a fair and impartial jury to try the case, and have it trans- 
ferred accordingly. 

§1435. §1458. Order of civil officer. Any officer whose comm.and is called 

out under the provisions of this Title, and reporting to any civil 
officer, may require such civil officer to make such order in writing 
and to prescribe therein the outline of the duties required of him 
and his command ; and such officer may decline to obey such orders 
until the same are put in writing; and while such commanding offi- 
cer must obey all lawful commands of such civil officer, unless the 
same are countermanded by or are at variance with the orders of 
the Governor, such comm.anding officer may use his discretion as to 
the manner of carrying out such orders, so long as he complies with 
their spirit. 

§1459. Articles of war and army regulations. Whenever any 
portion of the militia shall be on duty under or pursuant to orders 
of the Governor, or shall be on duty or ordered to assemble for duty 
in time of war, insurrection, invasion, public danger, or to aid the 
civil authorities on account of any breach of the peace, tumult, riot, 
resistance to process of this State, or imminent danger thereof, or 
for any other cause, the Articles of War governing the army of the 
United States, and the regulations prescribed for the army of the 
United States, as far as such regulations are consistent with this Ti- 
tle and the regulations issued thereunder, shall be enforced and re- 
garded as a part of this Title, until said forces shall be duly relieved 
from such duty. As to offenses committed when such Articles of 
War are so in force, courts-martial shall possess, in addition to the 
jurisdiction and power of sentence and punishment herein vested, 
all additional jurisdiction and power of sentence and punishment 
exercisable by like courts under such Articles of War or the regula- 
tions or laws governing the United States Army, or the custom and 
usages thereof; but no punishment under such rules and articles, 
which shall extend to the taking of life,, shall in any case be inflicted 
except in time of actual war, invasion, and insurrection, declared 
by proclamation of the Governor to exist, and then only after the 
approval by the Governor of the sentence inflicting such punish- 
m.ent. Imprisonment other than in guard-house shall be executed 
in jails or prisons as hereinbefore provided. 



831 PUBLIC DEFENSE. §§1460-1462 

Miscellaneous provisions. 

• 

§1460. Medals and bars. To every officer and enlisted man who 
has served this State honestly and faithfully for six years, continu- 
ous or otherwise, and who continues in active service as an officer 
or enlisted man after that period, there shall be awarded a bronze 
medal of suitable design and inscription, and after each additional 
four years of honest and faithful service, continuous or otherwise, 
there shall be awarded, upon like continuance in service, a bronze 
bar. This law shall retroact in favor of all officers and enlisted men 
now actively in the service, or who, having the prescribed term of 
service, shall reconnect themselves with the service of the State at 
some future date : Provided, that the tim.e of service in the Confed- 
erate States army or navy, or in the United States army as a volun- 
teer of this State subsequently to 1870, shall be counted double, if 
necessary to make the required length of service. These medals and 
bars shall be furnished by the State, through the adjutant-general's 
office, upon application of the person entitled thereto, approved by 
intermediate commanders, and the expense of same shall be paid out 
of the military fund. 

§1461. Advisory boards. The Governor has power to appoint ad- 
visory and other military boards as the service of the same shall, in 
his discretion, be needed. 

§1462. Regulations, publication of. For the purpose of carrying 
into effect the provisions of this Title, and of the laws of the- 
United States in so far as they may apply to the militia of this State, 
and of providing for the organization, discipline, and government of 
the militia of this State in all particulars not therein fully described, 
the Governor is authorized to make and order such regulations, 
not inconsistent with law, as he may find necessary, which regula- 
tions shall have the same force and effect as provisions of this Title 
until revoked by the Governor; and to furnish to each officer of the 
militia at least one copy of this Title and of any amendments thereto 
which m.ay from time to time be made, and of such regulations as 
may be prescribed, printed in pamphlet form at the expense of the 
State. Except as prescribed in the regulations herein provided for, 
and in all matters not covered by this Title, the regulations, customs, 
and usages of the army or navy of the United States, as the case may 
be, shall govern, as far as may be applicable, and the regulations 
and orders of the Governor, not inconsistent with law, shall remain 
in force until otherwise directed bv the Governor. 



§§1463-1467 PUBLIC DEFENSE. 332 



Georgia volunteers. 



CHAPTER 15. 
Georgia Volunteers. 



AETICLE 1. 

Georgia Volunteers. 

Acts 1908, §1463. Georgia volunteers; organization. The ''Georgia Volun- 

teers" shall consist of such regiments, battalions, companies, troops, 
and batteries of infantry, coast artillery, cavalry, and field artillery 
as may be organized and mustered into the service of this State un- 
der and in pursuance of the authorization and order of the Governor. 

§1464. Who are eligible. Any able-bodied white male resident 
of this State, who has or shall have served actively for five years in 
the organized militia of this State, as heretofore, now, or hereafter 
organized and designated, or who served to honorable discharge in 
the United States army, or United States Volunteers in Spanish- 
American War of 1898, and none others, shall be eligible to member- 
ship in the ''Georgia Volunteers" either by commission or enlist- 
ment. 

§1465. Governor to regulate and control. The Governor is hereby 
empowered and directed to prescribe by order the minimum and 
maximum number of men for such organizations, and to promulgate, 
from time to time, such orders and regulations as may be necessary 
for the proper discipline and government thereof. 

§1466. May be attached to National Guard brigades, etc. Such 
volunteer organizations may be attached to and form a part of Na- 
tional Guard brigades, regiments, and battalions for purposes of 
administration and service to State, counties, and municipalities. 

§1467. What laws subject to. Such volunteer organizations, ex- 
cept as herein provided, shall be subject to the laws of this State, 
and the regulations made in pursuance thereof, relating to the Na- 
tional Guard of Georgia, and shall have all the rights and privileges 
accruing thereunder to the National Guard of Georgia as far as the 
same may be deemed by the Governor to be applicable. The Gov- 
ernor is authorized, from the military fund appropriated by this 
State, to defray the expenses incident to any service which he ma^ 
require of such organization. 



133 PENSIONS, AND SOLDIERS' HOME. §§1468-1473 

Commissioner of pensions. 

PENSIONS, AND CONFEDERATE 
SOLDIERS' HOME. 



CHAPTER 1. 

ARTICLE 1. 

Commissioner of Pensions. 

§1468. Commissioner, election of. There shall be a commissioner Acts i896, 
of pensions, who shall be elected by the electors of the whole Stateiooi, p. 58. 
who are entitled to vote for the members of the General Assembly. loos', p! ee." 

§1469. Election, how held. Said election shall be held tinder the^cts i896, 

^ ' p. 66. 

same rules and regulations as now apply to the election of Governor, 
State-house officers, and members of the General Assembly, and at 
the same time; and all subsequent terms of said office (except the 
first) shall begin and end in the same way and at the same time with 
the Governor and all State-house officers so elected. 

§1470. Election, when held. The successor of the incumbent in^p*;*Jg^^^^' 
office, August 14th, 1898, shall be elected at the first general election 
preceding the expiration of said incumbent's term, and for a term 
of two years, and until his successor is elected and qualified. 

§1471. Salary of commissioner. Said commissioner shall receive -^^^Ig,^^^^' 
from the State an annual salary of three thousand dollars. Jgos,' p! 66?* 

§1472. The office, how long it shaU continue. The office of commis-^*^*!^^^^^' 
sioner of pensions shall continue for fifteen years only, unless contin-^^^^' p- ^^• 
ued by further legislation. 

§1473. Vacancy, how filled. In case of a vacancy in said office, ^p*Jg^^°^' 
causing an unexpired term, the same shall be filled by executive ap- 
pointment, and the person so appointed shall hold said office for 
the balance of the unexpired term, and until his successor is elected 
and qualified. 

(Note. — This section is given here as it appears in the Act signed 
by the Governor. It is not printed correctly in the volume of ses- 
sion laws. See Acts 1908, p. 67.) 



§§1474-1481 



PENSIONS, AND SOLDIERS' HOME. 



334 



Commissioner of pensions. 



Acts 1S96, 
p. 65. 



Acts 1896, 
p. 65. 



Acts 1903, 
p. 83. 



Acts 1S96, 
p. 65. 



§1474. Commissioner's duties. It shall be the duty of said com- 
missioner of pensions to examine and pass on all pension claims 
under existing laws, to keep a correct record of all approved claims, 
with the name, disability, service, county, and amount paid; to fur- 
nish the various ordinaries with suitable blanks for use of claimants; 
to draw a warrant on the State treasurer, to be signed by the Gov- 
ernor and countersigned by the commissioner for the amounts which 
may be due on approved claims, and for which appropriations are 
made. 

§1475. Annual report to the Governor. The commissioner shall, 
on the first day of October of each year, make to the Governor a 
written report showing under the several pension laws the whole 
number of pensioners, the number of claims allowed for the past 
year, and the amounts paid, together with such other information 
pertaining to his office as the Governor may ask. 

§1476. Commissioner not to exercise power of attorney. The com- 
missioner shall not exercise a power of attorney to draw a pension. 

§1477. Commissioner shall furnish ordinary with pension list. It 

is the duty of the commissioner of pensions to furnish to each ordi- 
nary in every county a complete list of each pension roll, showing 
the company and regiment of the soldier pensioner in which he 
served during the war between the States, and of each husband of 
every widow pensioner, and the ground for which the pension was 
granted, and the witnesses making the proof therefor. 

§1478. Duty of ordinary as to lists. It shall be the duty of the or- 
dinary to enter the list of pensioners in a substantial and well-bound 
record, which shall be kept open to the inspection of the public like 
other public records in his office ; and this record shall be used by the 
grand juries for their examinations and report on annually. 

§1479. Cost of the book and making the record. The cost of the 
book and the making of the record shall be paid for by the counties 
as required by law for the purchase and making of other records. 

§1480. Books, etc., open to inspection and under charge of Gov- 
ernor. All records, books, claims, or other matters connected with 
the office of said commissioner of pensions shall be kept open to 
inspection, and under the charge and direction of the Governor. 

§1481. Rulings of commissioner subject to revision by Governor. 

All rulings made by said commissioner shall be subject to revision 
and change by the Governor. 



335 PENSIONS, AND SOLDIERS' HOME. §§1482, 1483 

Pensions for maimed and infirm Confederate soldiers. 

§1482. Salaries of clerk and stenographer. The salary of the clerk ^p^^^gs^^^' 
and the stenographer in the office of the commissioner shall be sev- 
enty-five dollars each per month. 



ARTICLE 2. 
Pensions for Maimed and Infirm Confederate Soldiers. 

§1483. (§1250.) Pensions to maimed soldiers. Any person who en--*^<^t|2^892, 
listed in the military service of the Confederate States, or of this^^^^- p- ^2* 

•^ s ' 1887, p- 27. 

State, during the civil war between the States of the United States, ^^s^* p- ^^r 
who was bona fide a citizen of this State on October 26th, 1888, and 
who continues to be a bona fide citizen of this State, and any Georgian 
who enlisted from Georgia, or served in a Georgia command, who 
was living within the State in 1888 ; and any person who enlisted 
in the military service of the Confederate States, who was a bona 
fide citizen of this State in the year 1888, and who removed from 
the State after said date and has since returned to the State of 
Georgia, but who for twelve months prior to making his applica- 
tion has been a bona fide citizen of this State and who was drawing 
pension under the pension laws of thi^ State at the time of his re- 
moval from the State ; and any Confederate soldier whose service was Acts 1905, 
rendered as a member of a Georgia regiment or company, and who ^' 
was a resident of this State on the 22d day of August, 1905, and who 
lost a limb or limbs while engaged in said military service, occa- 
sioned by reason of such military service, or who may have then 
received wounds or injuries which afterwards caused the loss of 
a limb or limbs, or who may have been permanently injured while 
in said service, and who may be a bona fide citizen of this State at 
the time of making application for the benefits herein provided for, 

Shall be entitled to receive once a year the following allowances 
or pay, for the purposes expressed in Article 7, section 1, paragraph 
1 (and the amendment thereto), of the Constitution of 1877, to wit : 

For total loss of sight, one hundred and fifty dollars. 

For total loss of sight of one eye, thirty dollars. 

For total loss of hearing, thirty dollars. 

For loss of all of a foot or loss of leg, one hundred dollars. 

For loss of all of a hand or loss of arm, one hundred dollars. 

For loss of both hands or both arms, one hundred and fifty dollars. 

For loss of both feet or both legs, one hundred and fifty dollars. 

For the loss of one hand or foot and one arm or leg by same per- 
son, one hundred and fifty dollars. 



§1484 PENSIONS, AND SOLDIERS' HOME. 336 



Pensions for maimed and infirm Confederate soldiers. 



For permanent injuries from wounds whereby a leg is rendered 
substantially and essentially useless, fifty dollars. 
^ For permanent injuries from wounds whereby an arm is rendered 
substantially and essentially useless, fifty dollars. 

For the loss of one finger or one toe, five dollars. 

For the loss of two fingers or two toes, ten dollars. 

For the loss of three fingers or three toes, fifteen dollars. . 

For the loss of four fingers or four toes, twenty dollars. 

For the loss of four fingers and a thumb or five toes, twenty-five 
dollars. 

For other permanent injury from wounds or disease contracted 
during the service, and while in line of duty as a soldier, whereby 
the person injured or diseased has been rendered practically incom- 
petent to perform the ordinary manual vocations of life, fifty dollars. 

For permanent injuries from wounds whereby a hand or foot is 
rendered substantially and essentially useless, twenty-five dollars. 

For wounds or disease which renders applicant totally disabled 
for labor, or helpless, one hundred dollars. 

§1484. (§1251.) Method of obtaining pensions. Before any person 
shall be entitled to any of such benefits, he shall make oath before 
some officer authorized to administer oaths, stating in what com- 
pany, regiment, and brigade he was serving when the loss was sus- 
tained or injury received, or when and where he contracted the 
disease which caused the amputation or loss of limb or limbs, or 
produced the permanent disability claimed to exist. The applicant 
shall fully and clearly set forth all the facts showing the injury, 
its character, and especially the extent of the disability resulting 
therefrom, his citizenship and rights to the benefits of this Article. 
He shall also furnish an affidavit of one of the commissioned officers 
of his company or regiment, showing that he rendered service as a 
soldier and received the injury at the time and place claimed by ap- 
plicant, and that the disability claimed to exist does exist. If 
the affidavit of such commissioned officer can not be had, the ap- 
plicant may prove his service and injury by any three respectable 
citizens who served with him in the army or who knew of his serv- 
ice and injury, the sufficiency of such proof to be subject to the 
rules and regulations to be adopted by the commissioner of pensions 
and set forth in the blank sent out from his office for use of appli- 
cants. The applicant shall also procure the sworn statement of two 
reputable physicians of his own county, showing precisely how he 
has been wounded and the extent of the disability resulting from the 
wound or injury or disease described. All of said affidavits shall 
be certified to be genuine by the ordinary of the county where made, 



337 PENSIONS, AND SOLDIERS' HOME. §§1485-1487 

Pensions to aged and infirm Confederate soldiers. 

and he shall in his certificate state that all the witnesses who testify 
to applicant's proofs are persons of respectability and good reputa- 
tion, and that their statements are worthy of belief ; and also that the 
attesting officer or officers are duly authorized to attest said proofs, 
and that their signatures thereto are genuine. 



ARTICLE 3. 
Pensions to Aged and Infirm Confederate Soldiers. 

§1485. (§1254.) Payments. There shall be paid annually a pen- Acts 1894, 
sion of sixty dollars to each Confederate soldier now residing inisW, p. 41. 

1880-1 D. 50. 

the State of Georgia, and who was, on the 22d day of August, 1905,1882-3', p! 44*. 
a bona fide citizen of this State, who by proper proofs shows that 35, 127, iss.' 
he volunteered either in the regular Confederate service or in theisss', p*. is! 
organized militia of the State of Georgia during the Civil War and const., "art. '7, 
performed regular military duty for a period of not less than six 
months, and who, at the date of filing his application, submits proof 
to show that by reason of his "age and poverty, infirmity and pov- 
erty, or blindness and poverty," he is unable to support himself by 
his own exertions or labor. This section shall apply to and embrace 
any Confederate soldier whose service was rendered as a member of 
a Georgia regiment or company, and who was a resident of this 
State on the 22d day of August, 1905. 

§1486. (§1255.) What applications shall show. Each applicant 
shall make oath before the ordinary of his own county, setting forth 
his name, age, occupation, and physical condition, the company and 
regiment in which he enlisted as a soldier, the full term of his serv- 
ice in the Confederate army or Georgia militia, what property, 
effects, or income he possesses, and shall furnish the testimony of 
one witness who personally knows that he enlisted in the service 
and performed the duties of a soldier as claimed by him, and that 
he is unable to support himself by labor of any sort. He shall also 
furnish proof by two physicians of his county, showing his precise 
physical condition and inability to labor at any work or calling 
sufficient to earn a support for himself. These proofs shall be made 
before the ordinary of the county of the residence of the witnesses. 

§1487. (§1256.) Ordinary's certificate. The ordinary shall certify Acts 1894, 
to the trustworthy character of the witnesses and to the citizenship 
of the applicant, and that the full text of the affidavits have been 
read to all of the affiants. He shall in every case administer an 



§§1488-1492 PENSIONS, AND SOLDIERS' HOME. 338 



Pensions for widows of Georgia Confederate soldiers. 



oath to each applicant and witness, before they sign the affi- 
davits. 

§1488. (§1257.) Additional proofs may be demanded. The com- 
missioner may demand other and additional proofs in any case 
where he may have reason to suspect that the claim is not merito- 
rious. 

§1489. (§1260.) Pensioners already enrolled. No person already 
enrolled as a pensioner under the preceding Article shall be entitled 
to an additional pension under this Article. . 

§1490. (§1261.) Subsequent payments, how procured. After an 
applicant has been enrolled as a pensioner under this Article, sub- 
sequent annual payments shall be made upon sworn application of 
the beneficiary, accompanied by the certificate of the ordinary of 
his county, showing continued residence in this State and that his 
disability still exists. 



ARTICLE 4. 

Pensions for Widows of Georgia Confederate Soldiers. 

A^ty 890-1, §1491. (§1262.) Pensions to widows. To the widow of every 

1896' ^" 6?" Georgia Confederate soldier, and 

Const., art. 7. To the widow of cvcrv Confederate soldier who enlisted in a 

sec. 1, par. 1. _ '^ 

Georgia regiment, and 

To the widow of every Confederate soldier who is herself a native 
Georgian, now residing in the State of Georgia, and so long as she 
may continue to so reside, shall be paid annually on the fifteenth 
day of February a pension of sixty dollars : Provided, that this 
section shall only apply to such widows as were married at the 
time of the service of such husband in the Confederate army and 
have remained unmarried since the death of such soldier husband ; 
Provided further, that the said soldier husband shall have died in 
the service of the Confederate States, or since, from w^ounds re- 
ceived therein or disease contracted in the service. 

Acts 1896, §1492. How preceding section shall be construed. The preceding 

section shall be construed to embrace not only such persons as were 
widows on the 23d day of December, 1890, but such other persons 
as have or may hereafter become widows : Provided, the require- 
ments set out in the next succeeding section shall be complied with. 



p. 67. 



339 PENSIONS, AND SOLDIERS' HOME. §§1493-149G 



Pensions for widows of Georgia Confederate soldiers. 



§1493. (§1263.) Evidence to be furnished, etc. Each applicant ^p%i89o-i, 
for such benefits shall furnish evidence of the enlistment and serv-^^^^^, p. 98. 

1905, p. lo.j. 

ice of her husband in the Confederate army, or the State forces, 
during the war, and that his death, whether it resulted during or 
since the war, was directly the result of the service; but if any 
soldier husband so enlisted did not return after the close of the 
war, and nothing having been heard of him since, evidence of these 
facts shall be conclusive as to his death. The evidence shall be 
made by witnesses, not less than three, and in conformity with 
the rules and forms to be prescribed by the commissioner of pen- 
sions. Each applicant must also furnish the certificate of the 
ordinary of the county wherein she resides, showing her residence, 
and that she resided in Georgia, August 22d, 1905. 

§1494. (§1265.) Pension to widow of deceased pensioner. The Acts 1895, 
. p. 102 

widow of every Confederate soldier who was on the invalid pen- 
sion roll of the State of Georgia on account of wounds received or 
disease contra,cted while in the Confederate service, and who has 
died from the effects of the injuries for which he was pensioned, 
shall be allowed a pension of sixty dollars per annum from the date 
of this Act, so long as she remains the widow of such deceased pen- 
sioner: Provided, said widow was married to or was the wife of 
said Confederate soldier during the date of service in the Confeder- 
ate army. 

§1495. (§1268.) Pension exempt from garnishment or other -pvoc-^^^l^f^^-^' 
ess. The pensions of Confederate soldiers, and widows of Confed- 
erate soldiers, shall be exempt from garnishment and all other legal 
process, no matter in whose hands the pension or pensions may be ; 
and no court or ministerial officer in this State shall ever have juris- 
diction or authority to issue or enforce any garnishment or other 
process against the same. 

§1496. (§1270.) Examination of lists and report. It shall be the^^.^lor^'"^' 
duty of the grand jury to inspect and examine the list of pensioners, 
and to report the same in their general presentment, stating whether 
in their opinion all persons whose names appear upon said list are 
entitled to receive pensions, and giving the names of such persons 
whose claims to pensions are, in the opinion of said grand jury, of a 
doubtful character. In making said examination the grand jury 
shall have power to subpoena witnesses and examine them touching 
the validity of said claims for pensions, and the clerk of the court 
shall pr6mptly transmit to the commissioner of pensions an exact 
copy of that portion of the presentment of the grand jury which 
refers to pensions, and the commissioner of pensions shall cause 



§§1497, 1498 PENSIONS, AND SOLDIERS' HOME. 340 

Pensions for widows of Georgia Confederate soldiers. 

additional proofs or evidence to be given in all claims which are 
reported as doubtful or illegal by said grand jury, and unless the 
claim is supported by satisfactory proof the same shall be dis- 
allowed and the name stricken from the pension-roll ; and the judges 
of the superior courts are hereby required to give this law specially 
in charge to the grand juries before whom said pension lists are 
placed for examination. 

"^p.^iQ^^^^' §1497. Certain other widows. There shall be paid annually a 

i90o, p. 133, pension of sixty dollars to the widow of each ex-Confederate sol- 
dier, now residing in the State of Georgia, and who was on the first 
day of January, 1900, a bona fide citizen of this State, who by proper 
proof shows that she is the widow of an ex-Confederate soldier 
who volunteered either in the regular service, or in the organized 
militia of the State of Georgia during the civil war, and performed 
regular military service for not less than six months, and who, at 
the time of filing her application, submits proof to show that by rea- 
son of her age and poverty, infirmity and poverty, or blindness and 
poverty, she is unable to support herself by her own exertion. This 
section shall apply also to the widow of any Confederate soldier 
whose service was rendered as a member of a Georgia regiment or 
company, and who was a resident of this State on the 22d day of 
August, 1905. 

§1498. Blanks and proof. The pension commissioner shall cause 
to be prepared and furnished to the ordinaries of the State neces- 
sary blank applications for the use of applicants for the benefits of 
the preceding section. Each applicant shall make oath before the 
ordinary of her county, setting forth her name and age, her occupa- 
tion and physical condition, the company and the regiment in which 
her husband enlisted as a soldier, and the full term of his service 
in the Confederate army or Georgia militia. She shall set forth what 
property, effects, or incomes she possesses. She shall furnish the 
testimony by one witness who personally knows that her husband 
enlisted in the service and performed the duties of a soldier as 
claimed by her, and that she is unable to support herself by labor 
of any sort. She shall also furnish proof of her physical condition 
by one or two physicians who reside in her county. These proofs 
shall be made before the ordinary of the residence of the witnesses, 
and the ordinary shall certify to the trustworthy character of the 
witnesses. The ordinary shall in every case administer an oath 
to each applicant and witness before they sign the affidavits ; and the 
same fees are to be paid for this class of pensions as are paid for 
services of the like character of other pensioners. 



341 PENSIONS, AND SOLDIERS' HOME. §§1499-1502 

Miscellaneous provisions. 

§1499. Widow, husband's papers evidence for. It shall be lawfuH^t|gi^oi, 
for the commissioner of pensions to use as competent evidence in 
behalf of any widow who may apply for a pension in this State, 
whose husband had been allowed and was drawing a pension from 
the State at the time of his death, the application and the testimony 
on which he was allowed a pension, as evidence of the dead soldier 
husband's enlistment, service, and discharge: Provided, such widow 
is otherwise entitled to a pension from the State under existing laws ; 
And provided further, said application and testimony show that the 
dead husband performed as much as six months actual military 
service in the organized militia of this State, or of the Confederate 
States, and was honorably discharged therefrom. 

§1500. Widow's former application as proof. The evidence con- 
* tained in any application heretofore duly filed in the pension office 
of this State by the applicant, and upon which she has been allowed 
a pension, shall be sufficient proof of the deceased soldier husband's 
enlistment, service, discharge, and marriage to applicant: Provided, 
such widow is otherwise entitled to a pension from the State under 
existing laws : And provided further, that said application and testi- 
mony show that the deceased soldier husband was duly married to 
applicant, and that the dead husband performed as much as six 
months actual military service in the Confederate army, or the or- 
ganized militia of this State, or died or was killed while in such 
service before six months service expired. 

§1501. Soldiers and widows, residents at certain dates. The Con-^p.^lss^^'"' 
federate soldiers, and widows of Confederate soldiers who were resi- 
dents of this State on the 22d day of August, 1905, shall be allowed 
pensions regardless of previous residence : Provided, the service 
of such soldier was rendered as a member of a Georgia regiment or 
company, and the applicant for pension is otherwise entitled to same 
under the various pension laws. 



ARTICLE 5. 

Miscellaneous Provisions. 

§1502. Lunatic, when pensioner becomes. It shall not be lawful Acts 1899. 
for any pensioner of this State, after being adjudged a lunatic and 
confined in the State Sanitarium, to draw a pension from the pen- 
sion fund of this State : Provided, that if said pensioner has a wife 
or minor children dependent on him, the same shall be paid to them. 



§§1503-1507 



PENSIONS, AND SOLDIERS' HOME. 



342 



Miscellaneous provisions. 



§1503. Duty of ordinary to notify commissioner of pensions. 

The ordinaries shall, as soon as any pensioner has been adjudged a 
lunatic, notify the commissioner of pensions of this State, giving 
the name, male or female, and the fund that said pensioner has been 
drawing from: Provided, that nothing herein contained shall pre- 
vent any pensioner from being replaced on the pension roll when he 
has been discharged from the Sanitarium. 



Acts 1904, 

p. 106. 
§185. 



Acts 1909, 
p. 34. 
8185. 



Acts 1907, 
p. 107. 
1908, p. 70. 
§185. 



§1504. Pensions to be paid to ordinary, when. In all cases un- 
der the pension laws of this State, whenever a pension has accrued 
to any pensioner who dies before the payment of the same, the pen- 
sion commissioner is authorized, and it shall be his duty, to pay the 
same over to the ordinary of the -county of such deceased pensioner : 
Provided, the pensioner dies in this State and leaves no widow or 
dependent child or children, or any estate of any kind or value, to * 
be by him paid to his widow, and, if no widow, applied to the pay- 
ment of his or her funeral expenses, and to such expenses of last ill- 
ness as may be shown by a sworn statement of such, to be attached 
to the voucher when presented for payment. If there be any sur- 
plus, the same to be refunded to the State treasury. 

§1505. When pension shall be paid to widow of pensioner. The 

commissioner of pensions is required, in cases when a pensioner has 
been enrolled for his pension for the following year and is alive at 
the date of the closing up of the pension rolls for such year, but 
dies before the time the pension becomes payable, to pay such pen- 
sion to the widow, if any, of such deceased pensioner. Those wid- 
ows entitled whose husbands died before August 17, 1902, shall be 
passed on by the commissioner of pensions, and he shall report the 
name or names of said persons to the Governor; and the Governor 
is authorized to draw iiis warrant in favor of those so reported, to 
be paid out of any funds in the treasury. 

§1506. Pensions, how and when paid. The pensions as provided 
by law to be paid to the Confederate soldiers and the widows there- 
of shall hereafter be paid annually, in one sum, between January 1st 
and May 1st, beginning with the year 1909. 

§1507. Ordinaries to furnish lists to commissioner. It shall be 
the duty of the several ordinaries of the State to make and certify, 
from each of the pension rolls, the list of all the names on each of 
said rolls, and in life at the time of the certifying, which shall be 
made and sent out to the commissioner of pensions on or before 
December 20th, of each year, beginning with the- year 1908. Said 
ordinary shall make another list of those who have died since last 



343 PENSIONS, AND SOLDIEES' HOME. §§1508-1512 

Miscellaneous provisions. 

payment, and when they died, or when stricken from the roll, giv- 
ing date of death and the roll on which they drew, or when they 
were stricken therefrom, and the cause, as well as the names of all 
transfers made from the rolls, to which county transferred, and 
when. 

§1508. Duty of commissioner of pensions. It shall be the duty 
of the commissioner of pensions to furnish the ordinaries with blank ^ 

vouchers and forms for making said list of pensioners, and, when 
said ordinaries have made and filed said list or vouchers of each as 
provided by the preceding section, to check said list out with the 
roll in his office, and, when all are accounted for, to issue one war- 
rant to be signed by the Governor and countersigned by the com- 
missioner of pensions for the consolidated sum of all the rolls, pay- 
able to the ordinary of the county. 

§1509. Treasurer's checks payable to ordinaries. It shall be the 
duty of the State treasurer when said warrant provided for as 
aforesaid is presented, to issue his check for the sum stated therein, 
payable to the ordinary of the county, which check shall be deliv- 
ered to the commissioner of pensions to be forwarded to the ordi- 
nary of the county in whose favor it is drawn. 

§1510. Duties of ordinaries. It shall be the duty of the ordinary 
to deposit this check with his local bank, if one, in the name of the 

ordinary of : county, provided said bank will cash his 

(rhecks drawn on the fund for the pensioners without charge. If no 
such bank, then to collect the money on the check and pay the 
money to his pensioners without charge, taking from the pensioners 
duplicate receipts, keeping one himself and sending one to the com- 
missioner of pensions. 

§1511. Compensation of ordinaries. The ordinaries shall be al-Acts 1909, 
lowed a fee of one dollar per capita per annum, for preparing all 
papers and proofs, fixing up and preparing the annual pay-rolls 
for securing, receiving, and paying out the pensions to the various 
pensioners of their respective counties, which shall be in full set- 
tlement for all services to be performed in connection with the pen- 
sion-rolls of their counties. 

§1512. Fees, how paid indigent pensioners. The fees above set 
out for all those pensioners that have heretofore been known as in- 
digent pensioners shall be paid out of the pauper fund of the county 
in which said pensioner may reside, upon a sworn itemized bill 
made out by the ordinaries and presented to the treasurer or other 
officer having in charge the paying out of the pauper fund of each 



§§1513-1515 PENSIONS, AND SOLDIERS' HOME. 344 



Confederate Soldiers' Home of Georgia. 



county, which treasurer or other officer shall audit said itemized 
bill, and, if found correct, pay the same and make record thereof as 
other bills or orders paid by him. 

§1513. Other than indigent pensioners. All pensioners other than 
those known as indigent pensioners shall pay to the ordinaries the 
sum of one dollar for all of said service aforesaid, and the ordinaries 
are hereby authorized to retain said amount of said pensions. 

§1514. Compensation in reference to pensions. It shall be a mis- 
-^cts^is96, demeanor to ask or receive compensation for assisting or represent- 
ing a pensioner or applicant for pension in prosecuting, or procur- 
ing, or collecting from the State of Georgia a pension which, under 
the laws of this State, he may be entitled to receive : Provided, this 
section shall not apply to the collecting of fees by ordinaries as 
prescribed by law. 



CHAPTER 2. 

Confederate Soldiers' Home of Georgia. 

"^p.^k^^^^' §1515. Boaxd of trustees. For the Confederate Soldiers' Home of 

1906, p. 124. Georgia, an institution for the benefit of ex-Confederate soldiers, 
located near the city of Atlanta, there shall be a board of trustees 
appointed by the Governor, consisting of eleven members, one from 
each Congressional district, who shall serve without compensation 
for the term of five years, whose duty it shall be to have charge of 
said institution and provide all necessary rules and regulations for 
the government thereof and for the admission therein; to exercise 
all other powers incident to the same, not confiicting with the law; 
to appoint a superintendent thereof at a salary not to exceed one 
thousand dollars per annum, treasurer, steward, and such other 
assistants or employees as may be necessary to the efficient adminis- 
tration of the institution ; prescribe their duties, fix their compensa- 
tion, and remove said incumbent from office when, from any cause, 
the good of the institution may require it ; to hold in trust for said 
institution any devise or bequest of property of any kind, or mone3\ 
for its general use or any particular use designated; to visit the 
institution as often as may be necessary, and on the first day of Oc- 
tober of each year to make to the Governor, to be by him laid be- 
fore the General Assembly, a complete report of the condition of 
the same in all its departments. The trustees shall present to the 
Governor, at least ten days before the annual meeting of the General 



345 PENSIONS, AND SOLDIERS' HOME. §§1516-1519 

Confederate Soldiers' Home of Georgia. 

Assembly, an exact estimate of the amount of money required for 
the support of the home for the succeeding year. 

§1516. Treasurer; bond and duties. The treasurer shall give 
bond and security in the sum of five thousand dollars, shall make 
quarterly applications for funds from the treasury for the support 
of the institution, and accompany the same with an itemized ac- 
count of his expenditures for the preceding quarter, with duplicate 
vouchers for the sum disbursed by him ; and the Governor shall draw 
his warrant for the sum required. 

§1517. Beneficiaries. Ex-Confederate soldiers who are residents 
of the State of Georgia, and have resided in the State of Georgia five 
years prior to December 19, 1900, and honorably discharged from 
the Confederate service, and who are unable, by age, infirmity, or 
poverty, to maintain themselves, may be admitted to said home and 
receive its benefits under the regulations prescribed by the board of 
trustees as herein provided, and shall be furnished with food, lodg- 
ing, necessary clothing, medicine and m.edical attendance, and shall 
perform, such duties as may be prescribed by the superintendent, 
with the sanction of the trustees, and in case of death shall have 
decent burial. 

§1518. Pensions. No soldier who accepts the benefits of the home 
shall at the same time draw ah}^ pension under the laws of this 
State, but his becoming an inmate of said home shall be in lieu of his 
pension : Provided, those who are drawing a pension from this 
State shall be given the preference in the selection of inmates in 
said institution by the authorities thereof : Provided, no soldier shall 
be admitted the same year he receives from the State a pension. 

§1519. Admission according to population. Those admitted into 
the home shall be from the several counties of the State of Georgia, 
according to their population, in the event the number of applicants 
are more than can be accommodated. 



INDEX. 



THE BEFERENCES ARE TO THE SECTIONS. 



Abandonment of Chhd. 

Definition, 116. 

Dependent condition, when child is 

in, 116. 
Punishment, 116. 
Wife a competent witness, 116. 

Abortion and Fceticide. 
Punishment, 82, 80. 

Abstract of Evidence. 

In courts of inquiry, 936. 

Abuse. 

Under arrest or in prison, 12. 

Abusive or Obscene Language. See Ob- 
scene Language. 
Jurisdiction, 388. 

May justify assault and battery, 103. 
Punishment, 387. 
Using without provocation, 387. 

Accessories. 

Definition, 44. 

May be tried, when, 49. 

Accessories After the Fact. 

Definition, 47. 
Punishment, 48. 

Receiving or harboring guilty per- 
sons, 326. 
Receiving stolen goods, 168. 
When tried, 49. 

Accessories Before the Fact. 

Definition, 45. 
Punishment, 46. 
When tried, 49. 

Accident or Misfortune. 

When not responsible for, 40. 

Accommodations. 

Equal, furnished to all, 533. 



Accomplice. 

Corroborated in felonies, 1017. 

Accountants, Certified Public. 
Illegal practice, 702. 

Accusation. 

Copy furnished on demand, 8. 
Previous to arraignment, 970. 

Administrator. 

Fraudulent conversion by, 188. 

Admissions. See Confessions, also Evi- 
dence. 

Acquiescence or silence, 1029. 

Among grand jurors, 830. 

Defined, 1028, 1029. 

Entire conversation, the right to 
have, 1030. 

Scanned with care, 1031. * 

Adulterated or Misbranded Foods, Drugs, 
Liquors, etc. 
Obstructing inspector, 452. 
Punishment, 451. 

Adultery and Fornication. 

Definition and punishment, 372. 
Place for practice of, punishment, 382. 
Prosecution suspended by marriage, 

372. 
Severally indicted, 372. 

Advertising. 

Demanding illegal rate for, 307. 
Retaining part of pay, 308. 

Advisors to Kill Infants. 
Punishment, 77. 

Affidavit for Warrant. 
Contents, 904. 
Form of, 905. 

Affirmation. 

Oath includes, 2. 



348 



INDEX. 



Affrays, 

Definition and punishment, 361. 

Aforesaid. 

Meaning, 2. 

Alcohol. See Intoxicants. 

Regulations as to sale and use of, 
426-433. 

Alibi. 

Definition, 1018. 
Evidence, range of, 1018. 

Altering Brands or Marks. 
Of animals, 162. 

Altering or Obstructing Roads. See 
Roads and also Highways. 

Altering or Removing Landmarks. 
Punishment, 743. 

Animals. 

Altering brands or marks, 162. 

Carcasses in streams, 484. 

Cruelty to, 753, 910. 

Definition of cruelty, 755. 

Disposition of fine, 754. 

Domestic, that are fit for food, 161. 

E strays, 585. 

Impounding, illegally, or breaking a 

pound, 584. 
Owners must bury dead animals and 

fowls, 485. 
Stealing animals, 161. 
What counties in force in, 487. 

Announcement of Ready or Not Ready 
FOR Trial. 

By State first, 984. 
Exceptions, 984. 

Apothecaries. 

Exempt from jury duty, 871. 

Apprentices. 

Child under twelve for improper vo- 
cation, 756. 

Enticing away, and punishment, 121. 

Harboring apprentices or seaman, 
695. 

Inducing to desert, 694. 

Preventing one from learning a trade, 
121. 

Witnesses, who may be, 122. 

Protection of, 122. 



Argument. 

Order of, 1055. 

Armories and Arsenals. 
Injuries to, 780. 

Arms, 

Selling States, 200. 

Arraignment. See Pleas. 

Bar-dock, when prisoner may be 
placed in, 969. 

Bound, tied or fettered, when pris- 
oner may be, 968. 

Copy of accusation and list of wit- 
nesses, 970, 8 (2). 

Demurrer to be in writing, 975. 

Form of arraignment, 971. 

Issue entered on indictment, 974. 

Issue recorded, 972, 973. 

Issue, what constitutes, 972. 

Not guilty, plea of, 971, 972. 

Plea of guilty and proceedings, 971. 

Plea of guilty not given in evidence, 
when, 971. 

Special plea to be in writing, 975. 

Standing mute, 972. 

When prisoner may be fettered, 968. 
When placed in bar-dock, 969. 

Array. 

Challenge to, 998. 

Arrest. See Warrants, also Arresting 
Officer. 

Abuse under, prohibited, 12. 
Breaking open doors to make, 915. 
By private person, 921. 
Captains of steamboats may make, 

929, 930. 
Conductors may make, 925, 926, 927. 
Cruelty to animals, 910, 753. 
Definition of arrest, 914. 
Duty of officer arresting, 920. 
Duty of private person arresting, 922. 
Electors, privilege of, 911. 
Form of warrant, 906. 
Governor may offer rewards, 902. 
Janitor and watchmen may make, 

when, 221. 
Member of the legislature, 912. 
Militia men, privilege from, 913. 
Oflacer may arrest in any county, 919. 

Expenses paid by county in which 

offense was committed, 919. 



INDEX. 



349 



Officer may summon posse, 916. 

Parades, preservation of order at, 
351-353. 

Passengers may be ejected for disor- 
derly conduct, 927. 

Police at place of worship, 928. 

Police of railroads, 925-927. 

Private person may make, 921. 

Rewards, Governor may offer, 902. 

Selection of judge to try the case, 918. 

Warrant, arrest without, 917. 
Duty of person arresting, 922. 

Warrant, contents of, 904. 

Warrant, form of, 906. 

Warrant executed without backing, 
909. 

Warrant, who may issue, 903. 

Warrant, special, 907. 

Watchmen at capitol, may make, 221. 

Without legal authority, 107. 

Arresting Officers. 

Duty of, 920. 

Not to advise dismissal of warrant, 

924, 923. 
Not to receive costs until return of 

warrant, 924. 
Punishment, 923, 924. 
Selection of judge, 918. 

Arrest of Judgment. 

Exceptions to form before trial, 980. 
Motion sustained, when, 980. 

Arsenals and Armories. 
Injuring, 780. 

Arson. 

Attempt to burn dwelling not in city, 

137. 
By person in possession, 145. 
Burning defined, 140. 
Causing death, 144. 
Definition, 133. 
In a city, town, or village, 134. 

Punishment, 134. 
In daytime, punishment, 143. 
Occupied dwelling-house, 135. 

Punishment, 135. 
Outhouse not in a city, 138. 
Railroad bridge, 142. 
Setting fire defined, 141. 
Setting fire to outhouse not in city, 

138, 139. 
Unoccupied dwelling not in city, 136. 



Art. 

Words of, the signification attached 
to them, 1. 

Assault. 

Definition, 95. 

No conviction for, when crime is ac- 
tually perpetrated, 19. 

Officer, assault by, under color of of- 
fice, 288. 

Opprobrious words in defense, 103. 

Punishment, 96. 

Assault and Battery. 

Battery, definition of, and punish- 
ment, 102. 
Opprobrious words in defense, 103. 
Whipping, beating wife, 104. 

Assault to Injure Clothes. 

Definitit)n and punishment, 101. 

Assault Under Color of Office. 
Punishment, 288. 

Assault with Intent to Murder. See 
Murder. 

Definition and punishment, 97. 
Stabbing, when it is, 114. 

AlSsault with Intent to Murder Unborn 
Child. 

Use of medicine, etc., 81. 

Assault with Intent to Rape. 
Punishment, 98. 

Assault with Intent to Rob. See Rot- 
hery. 

Definition, 99. 
^ Punishment, 100. 

Assaulting Officers. 

For serving process, 311. 
In serving process, 311. 

A-SSAulting Troops and Resisting At- 
tack. See Public Defense. 

Punishment, 1439. 

Assaulting to Escape from Custody. 
Punishment, 318. 

Assemblies. 

Unlawful defined, 359. 



350 



INDEX. 



Assisting to Escape from Jail. 
Definition and punishment, 317. 

Attainder. 

Bill of, not to be passed, 3. 

Attempts. 

No conviction for, when crime is ac- 
tually perpetrated, 19. 

Punishment, 1066. 

When jury may find, on trial for main 
offense, without a special count, 
1061. 

Attempt to Incite Insurrection. 

Defined, 56. 
Punishment, 57. 

Attempt to Rescue. 
Punishment, 311. 

Attorney-General. 

Duties of, 901. 
Taking fees, 304. 

Attorneys at Law. 

Barratry, 330. 
Punishment, 330, 331, 332. 
Soliciting business, 331. 
Witnesses, 1037 (5). 

Baggage. 

Innkeepers to give checks for, 634. 

Bail. See Recognizances. 

Arrest under bench-warrant, 957. 
Bail, who may receive, 957, 792. 
Capital offenses, before superior-court 

judge, 958. 
Committing court, all except capital 

cases, bailable, 958. * 

Discretion, a matter of, in capital 

cases, 958. 
Excessive, not required, 12. 
Forfeiture of recognizance, 961. 
In courts of inquiry, 947, 958. 
Judgment of forfeiture, 962. 
Personating in, 310. 
Scire facias and proceedings, 962. 
Superior-court judges' jurisdiction, 

792. 
Surrendering principal, 960. 
Twice before trial after indictment, 

959. 



Bailee. See Larceny After Trust Dele- 
gated, 181, 194. 

Clerks, agents, etc., in store, etc., 191. 

Fraudulently converting goods, 189. 

Fraudulently converting proceeds of 
sale, 190. 

Bailiffs. See Special Criminal Bailiffs. 

Compensation, 876, 877. 
For grand jury, oath, 832. 
For petit jury, oath, 883. 

Bakers and Others Selling under As- 
size. 

Punishment, 705. 

Baled Cotton. 

Stealing, 183. 
Banishment. 

Prohibited, 10. 
Banks and Bank Officers. 

Checks, illegally certifying, 623. 

Declaring fraudulent dividends, 208. 

Embezzlement by, and punishment, 
186. 

Examiner, or assistant, corruption in 
office, 622. 

Failing to pay deposits, and punish- 
ment, 205. 

Insolvency deemed fraudulent, and 
punishment, 204. 

Loans by one officer to another, and 
punishment, 211. 

Presumption against officers, 203. 

Presumption may be repelled, 204. 

Purchasing its paper at a discount, 
and punishment, 207. 

Purchasing shares with capital stock, 
and punishment, 209. 

Transfers in contemplation of insol- 
vency, 206. 

Using or borrowing for personal use, 
and punishment, 210. 

Violating charter, and punishment, 
202, 203. 

Bank Checks, Notes, etc 

Altering bill, note, check, etc., 240. 

Certifying illegally, 623. 

Counterfeiting checks or drafts, 239. 

Counterfeiting notes, 238. 

Passing, 241. 

Possessing, intending to pass, 242. 

Possessing type, etc., 243. 



INDEX. 



351 



Bae-dock. 

When prisoner may be placed in, 969. 

Bab of Statute. See Limitations of Pros- 
ecutions. 

Barratry. 

Attorneys soliciting business, 331, 332. 
Definition and punishment, 330. 

Bastard. 

Concealing death of, 79. 

Bastardy. 

Bond, action on, 1336. 
Bond, father failing to give, 682. 
Bond, father must give, 1332. 
Bond, returned to ordinary, 1335. 
Either may make defense, 1334. 
Fine, how disposed of, 682. 
Warrant against father, 1331. 
Warrant against mother, 1330. 
Woman refuses to disclose father, 
1333. 

Bathing. 

Indecent bathing, 421. 

Battery. See Assault and Battery. 

By officer under color of office, 288. 
Definition, 102. 

Opprobrious words in defense, 103. 
Punishment, 102. 

Beacons, Buoys, etc. 

Injuring and punishment, 744. 

Bell of the Locomotive. 
When to be tolled, 520. 

Bench-warrant. 

Bail, who may receive, 957. 
Definition of, 957. 
Proceedings under, 957. 

Benefit of Clergy. 
Not allowed, 17. 

Benefit of Counsel. 

Accused shall have, 8 (1). 

Benevolent Associations. 

Name and emblems of, 258. 

Bestiality. 

Attempt to commit, 377. 
Definition, 375. 
Punishment, 376. 



Bigamy or Polygamy. 

Definition, 367. 

Exceptions, 369. 

Issue of marriage, when legitimate, 

369. 
Punishment, if before married, 368. , 
Punishment, if before unmarried, 370. 

Billiard-table, Pool-table or Ten-pin Al- 
ley. 
Minors, when allowed to play or roll, 
406. 

Bill of Exceptions. See Supreme Court. 

Additional record or evidence may be 

ordered up, 1100. 
Alterations by the judge, 1098. 
Certificate, form of, 1099. 
Contents of bill, 1097. 
Evidence may be incorporated in bill, 

1098. 
Governed by the law and rules as to 

injunctions, 1102. 
Mode of taking case up, 1098. 
Pendente lite bill, 1096. 
Served upon whom, 1103. 
Specifications in, 1097, 1098. 
Supersedeas if offense is not bailable, 

1104. 
Supersedeas, operates as, when, 1104. 
When party may except, 1097. 

Bills of Exchange. 

Fictitious name, using, 247. 
Forging, 231 (7). 

Bills of Lading. 

Owners of boats must grant, 684. 
Punishment, 684. 

Birds. 

Protection of, 594. 
Punishment, 594. 

Blackmail. 

Definition, 118. 
Jurisdiction, 118. 
Punishment, 118. 
Threatening letters, 119. 

Blow-posts. 

Failure to erect, 518. 

Board of Pardons. 

Applications for parole, rules and reg- 
ulations for making, 1225. 



352 



INDEX. 



Behavior, grades of, 1228. 

Board of Pardons created, 1222. 

Board shall investigate all applica- 
tions for clemency, 1222. 

Board shall make recommendation to 
the Governor regarding applica- 
tions, 1222. 

Board, when there is no application, 
may investigate and recommend, 
1222. 

Commission to establish rules for 
parol, 1223. 

Pardon of paroled prisoners, 1227. 

Parole, order granting, to be recorded 
in clerk's office, 1225. 

Parole, rules and regulations allow- 
ing, 1223. 

Parole, rules and regulations for 
making applications, 1225. 

Parole, when it may be granted, 1225. 

Parole, when it shall not be granted, 
1224, 1225. 

Rearrest of paroled prisoner and sub- 
sequent proceedings, 1226. 

System of grades of behavior to be es- 
tablished, 1228. 

Boats a:sd Crews. See Maritime Laws. 

Ballast, discharging in harbor, 686. 

Bill of lading, failing to exhibit, 685. 

Bill of lading, owner must grant, 684. 

Pilots, acting as, without license, 687. 
Exceptions a;S to vessels in distress, 
688. 

Pilots, interfering with, 687. 

Seaman, failing to perform duty, 689. 

Seaman, hiring, receiving, etc., 692, 
693. 

Seaman, may demand certificate of 
discharge, 691. 

Seaman or apprentice, aiding to de- 
sert, 694. 

Seaman or apprentice, harboring, 695. 

Seaman, resisting search for, 690. 

Bodies. See Human Bodies. 

Boll-Weevil. 

Violation of regulations as to, 483. 

Bond. 

Acting before filing, punishment, 275. 
Bastardy proceedings. See Bastardy. 
Larceny of bonds, 164. 



Superintendent of Industrial Farms, 

1267. 
To prosecute, may be required, 908. 
To support pauper, 683. 
Warrant for good behavior, 1317. 

Bonded Public Warehousemen. 

Unlawful disposition of goods by, 701. 

Bond to Keep the Peace. See Peace War- 
rants. 

Books. See School Books. 

Destroying books or papers of value, 

742. 

Boundaries. 

Offenses on boundary lines of the 

State, 25. 
Offenses on boundary lines of two 

counties, 26. 

Brands or Marks. 

Altering, 162. 
Counterfeiting of, 708. 

Bread. 

Bakers and other selling under assize, 

705. 

Breaking and Entering Car with Intent 
TO Steal, 

Breaking and entering with intent to 

steal, 181. 
Stealing therefrom, 181, 182. 

Bribery. 

Conviction disqualifies to vote or hold 

office, 1138. 
Definition, 270. 

Infiuencing Governor, etc., 272. 
Punishment, 271. 

Bridges. 

Altering or obstructing the public 

road, 543. 
Burning railroad bridge, 142. 
Collecting toll without authority, 572. 
Encamping or building fire, upon, 

within, or under, 751. 
Excessive tolls, 570. 
Highway includes bridges, 2. 
Injuries to, 750. 
Obstruction of, 571. . 
Owner of private, liable, 573. 
Rates of toll posted, 569. 



INDEX. 



353 



Bridges and Dams. 

Breaking or injuring, 750. 
Encamping or building a fire upon or 
under, 751. 

Brief of Evidence. 

What it shall contain, 1094. 

Building and Loan Associations. 

Domestic, illegal sale of stock, 625. 
Foreign, illegally doing business, 624. 

Buildings More than Two Stories High. 

Failing to comply with regulations. 
511. 

Bullion, Native Gold, etc. 

Duty of purchaser, 699. 
Punishment, 699. 

Buoys, Beacons, etc. 
Injuring, 744. 

Burden of Proof. 

As to chestnut-trees, 216. 

Changing onus, 1021. 

On whom, 1020. 

Pure alcohol, that sale was of, 433. 

When a negative affirmation, 1020. 

Burglary. 

Breaking, entering and stealing, 179, 

180. 
Definition, 146. 
Punishment, 147. 

Burning Fences or Crops. 
Definition, 745. 

Fire communicated to a house, 747. 
In a town or city, 746. 

Burning Gin-house. 
Reward for, 902. 

Burning Railroad Bridge. 

Definition and punishment, 142. 

BuRYiNG-GROUNDs. See Cemeteries, Hu- 
man Bodies. 

Injuring private, 771. 
Injuring public, 770. 

Business. 

Carrying on after failure to register 
and pay tax, 466, 469. 



Call of the Docket. 

Criminal cases, how called, 967. 
Recognizance, proceedings to forfeit, 
961. 

Camp-grounds. 

• Intrusion on, 422. 
Vending near, 423. 

Campaign Expenses. 

Corporation contributions to, 672. 
Publication of, 671. 

Camps. See Penitentiary Camps. 

Canals. See Drainage. 

Capitol and Grounds. 

Defacing or injuring, 219. 

Janitors and watchmen may arrest, 

221. 
What courts have jurisdiction, 220. 

Car. 

Breaking and entering and stealing, 

181. 
Breaking or entering to steal, 181. 
Entering and stealing, 182. 
Shooting on excursion trains or at a 

picnic, 515. 
Shooting or throwing at or in, 512. 
Using explosive oils on, 516. 
Wrecking, or attempting to wreck, 

513, 514. 

Carcasses of Animals. See Owners of 
Property. 

Placing in stream, street, road or al- 
ley, 484. 

Regulations as to burial thereof, 484, 
485. 

What counties of force in, 487. 

Carriers. 

Equal accommodations to all passen- 
gers, 533. 

False bills or classifications, 731, 732. 

Inducing carrier to discriminate un- 
justly, 733. 

To give receipts, 633. 

Carrying Concealed Weapons. 

Definition, 347. 
Punishment, 347. 



354 



INDEX. 



Carrying Deadly Weapons at Courts, 

ETC. 

Definition, 348. 

Does not apply to officers or posse, 

348. 
Punishment, 348. 

Cattle. 

Driving diseased, 577. 

Driving from infected localities, 578. 

Driving into this State to graze, 579. 

Exception, 580. 

Importation of diseased, and punish- 
ment, 581. 

Killing or maiming, 752. 

Killing or maiming in defense of crop', 
752. 

Live stock inspector, 583. 

Murrain or other distemper, 577. 

Quarantine regulations, 582. 

Skinning dead animal of another, 223. 

Stealing, 156. 

Stealing, description in indictment, 
157. 

Stealing, punishment, 158. 

Veterinarian, interfering with, 583. 

Cemeteries. See Human Bodies. 

Disinterring illegally, by coroner, 410. 
Failing to perform duties as to, 409. 
Injuring private burying-grounds, 771. 
Injuring public burying-grounds, 770. 
Removal of body from grave, 408. 

Certified Public Accountants. 
Practicing illegally, 702. 

Certiorari. 

Superior-court judge grants, 792. 

Challenge of Jurors. See Impaneling 
the Jury, Jury and Jurors. 

Array, challenge to, 998. 
Cause, challenge for, 999. 
Favor, in civil cases, 859. 
Peremptory, 1000. 
Questions on voir dire, 1001. 

Change of Venue. See Venue. 

Changed when and how, 29, 964. 
Clerk to transmit papers, 965. 
Costs, 1110. 
Subsequent change, 966. 



Character and Conduct of Parties. 

Bad, impeachment for, 1053. 
When relevant, 1019. 

Charge of the Court. 

Filed, 1057. 

Opinion on facts not to be expressed, 

1058. 
Requests improperly refused, 1087. 
Special, 850. 
Written on request, 1056. 

Cheats and Swindlers. 

Bakers and others, selling under as- 
size, 705. 

Cheating at play, 704. 

Conspiring to cheat State or county, 
292, 293. 

Counterfeiting brands and marks, 
708. 

Credit, fraudulently obtaining, 703. 

Crop lien, failure to give notice, 721. 

Deceiving as to existence of liens^ 
714. 

Dirt or rubbish in cotton, etc., 709. 

False information as to liens, 713. 

False weights and measures, 706. 

Forestalling, regrating, and engross- 
ing, 707. 

Fraudulently obtaining credit, 703. 

Lying to obtain endorsers, 712. 

Other offenses of like kind, 719. 

Personating another, 710. 

Personating another as witness, 711. 

Presumptive evidence of intent to de- 
fraud, 716. 

Procuring money on contract for 
services, 715. 

Sale of goods in bulk, 718. 

Selling personal property held under 
conditional purchase, 722. 

Stealing a ride on train, 717. 

Checks for Baggage. 

Innkeepers to give, 634. 

Chemicals. 

Illegal sale of, 611. 

Child. See Children's Courts. 

Abandonment of, 116. 
Abortion, 82. 
Advising to kill, 77. 
Concealing death of bastard, 79. 
Concealing death of, presumption, 78. 



INDEX. 



355 



Cruelty to children, 758. 

Dangerous or improper vocations, 

756, 757. 
Dependent, when child is, 116. 
Disposed of on habeas corpus, 1307. 
Employing means to destroy unborn, 

81. 
Enticing child from Industrial Home, 

112, 897. 
Foeticide, 80. 

Harboring absconding child, 113, 897. 
Incompetent as a witness, when, 1038. 
Inveigling, 110, 111. 
Labor in factories regulated, 759. 
Mutual protection of parent and child, 

74. 
Receiving and using child illegally, 

757. 
When wife a competent witness, 1037 

(4). 
Witness, when incompetent, 1038. 

Childeen's Courts. 

Attorney may be appointed for child, 
894. 

Bail, child may be released on, 893. 

Costs, fines and forfeitures to be paid 
into county treasury, 900. 

"Delinquent child," defined, 891. 

Detention room to be in charge of ma- 
tron, 893. 

Detention room to be provided, 893. 

Females eligible to office, 899. 

Harboring absconding child, 897. 

How courts may be established, 886. 

How this law shall be construed, 885. 

Ill treatment of child, punished, 897. 
Jurisdiction of the court, 888. 
Jury trials may be demanded, 890. 
Presiding officer, who may be, 887. 
Probation and subsequent control, 

896. 
Proceedings against children, 892. 
Proceedings in the case, 888, 889. 

Proceedings not deemed criminal, 

885. 

Regulations prescribed by judge, 898. 

Salaries of officers, 900. 

Sentence, 895. 

The trial, how conducted, 894. 

"Wayward child," defined, 891. 



Child-saving Institutions. 

Enticing child from, 112, 897. 
Harboring child, absconding from, 
113, 897. 

Church. 

Liquor not offered for sale within 
three miles, 435. 

Liquor not to be taken to place of 
worship, 438. 

Liquor not to be used at place of wor- 
ship, 440. 

Not to be intoxicated at, 439. 

Police at places of worship, 928. 

Cigarettes and Substitutes. 
Furnished to minors, 491. 

Circulating Notes. 

Countersigning illegally, 309. 

Circumstantial Evidence. See Evidence. 

Defined, 1009. 

When sufficient, 1010, 1012, 1013. 

Clergy, Benefit of. 
Not allowed, 17. 

Clerk of Board of Jury Commissioners. 

Fees of, 1138. 

Oath and duties, 817. 

Clerk of Superior Court. 

Advertising, demanding more than 
legal rate, 307. 

Clerk of board of jury commission- 
ers, 817. 

Dockets to be kept by, in criminal 
cases, 797. 

Fees of, 1133, 1138. 

Grand jury may demand exhibit, 846. 

Notifies keeper of convictions, 1080. 

Oath as clerk of board, 817. 

Scire facias to be issued, 962. 

Clerk of Supreme Court. 

Shall promptly transmit remittitur, 
1102. 

Coast Survey Fixtures. 
Injuries to, 769. 

Cock-Fighting or Betting on Same. 
Definition and punishment, 405. 
Wagering money on the result, 405. 



356 



INDEX. 



Code or Laws. 

Attainder, bill of, not allowed, 3. 

Due process of law, 6. 

Ex post facto, not to be passed, 3. 

Ignorance of, excuses no one, 3. 

Mode of trial may apply to offenses 
committed prior to passage, 3. 

Obligatory on all inhabitants, 3. 

Prescribe only for the future, 2. 

Substantial compliance with, suffi- 
cient, 1. 

Waiver of, when allowed, 4. 

Coins. 

Counterfeiting or uttering, 237. 

Colored Persons. 

Convicts, white and colored, not to be 
confined together, 679, 1201, 1203. 

Intermarriage with whites, illegal, 
678. 

Railroads to furnish separate cars, 
534, 537. 

Term person, includes, 2. 

Commission Merchants. 

Fraudulent conversion by, 189. 

Commissioner of Agriculture. 

Duty as to infectious diseases of cat- 
tle, 582. 



Commissioner of Pensions. 
sions. 



See Pen- 



Commissioner of Roads and Revenues. 
Failing to perform his duty, 542, 
Letting contract for public work ille- 
gally, 283. 

Commitment. 

Arrest under bench-warrant, 957. 
Civil officers may commit, 953. 
Delivered to officers, 949. 
For different offenses, 938. 
Form of, 939. 

Municipal court may commit, 952. 
Not discharged for informality, 951. 
Regular, heed not be entered, when, 
947. 

Committing Courts. See Courts of In- 
quiry. 

Common Carriers. 

False billing, etc., by consignor, or 
consignee, 732. 



False bills or classifications, by, 731. 
Receipts to be given, 633. 
Unjust discrimination, 733. 

Competency of Witnesses, 1037, 1042. 
See Witnesses. 

Competent Evidence. See Evidence. 
Defined, 1009. 

Competition in Procuring Public Work. 
Punishment, 741. 

Compounding Crimes. 

Felonies, 328. 
Punishment, 328. 

Compounding Drugs. 

Compounding or vending, illegally, 

460. 
Fine, half paid to board of pharmacy, 

461. 

Compounding Penalties. 

Definition and punishment, 329. 

Comptroller-General. 

Countersigning notes illegally, 309. 

Compulsory Process. 

Allowed accused persons, 8. 

Carrying. 



Concealed Weapons, 
Weapons. 

Definition and punishment, 347. 



See 



Concealing Child's Death. 

Bastard child, 79. 

Presumption not sufficient, when, 78. 



Concealing, Receiving 
Guilty Persons. 



OR Harboring 



Definition and punishment, 326, 327. 

Concealing Smallpox. 
Punishment, 493. 

Conditional Purchase. 

Sale of property held under, 722. 
Settlement of cases, 723. 

Conductors or Passenger-Trains. 
May make arrests, 925, 927. 
Police powers, 338. 

Confederate Soldiers' Home. 

Admission according to population, 
1519. 



INDEX. 



857 



Beneficiaries, who are, 1517, 1519. 

Board of trustees, duties and powers, 
1515. 

Board of trustees, how appointed, 
1515. 

Board of trustees, may hold property 
in trust, 1515. 

Board of trustees shall make report 
to the governor, 1515. 

Board of trustees shall report esti- 
mate of needed funds, 1515. 

Board of trustees shall visit the 
Home, 1515. 

Inmate not to draw pension, 1518. 

Treasurer, bond and duties, 1516. 

Confessions. See Admissions, and also 
Evidence. 

Acquiescence or silence may amount 
to, 1029. 

Admissions defined, 1028. 

Collateral benefit, promise of, 1033. 

Conspirators, confessions of, 1035. 

Entire conversation, the right to 
have, 1012. 

Material facts discovered by, 1034. 

Must be voluntary, 1032. 

Promise of secrecy, 1033. 

Received with great caution, 1031. 

Refers to criminal cases, 1028. 

Spiritual exhortations, 1033. 

Uncorroborated, not justify convic- 
tion, 1031. 

Voluntary, must be, 1032. 

Weight of such evidence, 1031. 

Confidential Communications. 

Among grand jurors excluded, 830. 

Consignment of Farm Products. 
Payments for, 552. 
• Solicitation to irresponsible persons, 

552. 

Conspiracy. 

Against innocent person, 120. 
Cheat or defraud county, or State, 291. 
Circulating papers to incite, 58. 
Confessions of conspirators, 1035. 
Declarations of conspirators, 1025. 
Definition, 120. 

Members of General Assembly em- 
braced, 293. 
Offense, when complete, 294. 



Public ofiicers conspiring to cheat 

State or county, 292. 
Railroad company, conspiracy to 

wreck, 736-739. 

Constables. 

Costs due constables and justices, 

1115, 1119. 
Fees, 1140. 

Construction of Statutes. 

Intention of general assembly, 1 (9). 
Rules governing, 1. 

Constructive Presence. 

Defined, 42. 

Principal in second degree, 42. 

Contagious Diseases. See Quarantine, 
Smallpox, and also Cattle. 

Concealing smallpox or varioloid, 

493. 
Proclamation of Governor, 492. 
Spreading small pox, 494. 

Contagious Diseases of Cattle, See 
Cattle. 

Contagious or Infectious Diseases in 
Trees, Vines, etc. See Infested 
Trees and Plants. 

Contempt. 

Defaulting sheriff, fined for, when, 
1157. 

Contested Elections, See Elections. 
Clerk to deliver ballots, 674. 

Continuance. 

Absence of witness, 986. 

Absence of witness attending the Gen- 
eral Assembly, 988. 

Absence of witness, the showing for, 
987. 

Absence or illness of counsel, 990. 
Showing for, 990. 

By one defendant, 993. 

Counter-showing, 992. 

Diligence required, 991. 

Diligence required by person commit- 
ted by court of inquiry, 944. 

Discretion of the court, 992. 

Entered and announced, in what 
manner, 994. 



358 



INDEX. 



Failure to subpoena witness when 

bound over, 904. 
Principles of justice, wben required 

by, 986. 
Refused when facts are admitted, 989. 
State required to make showing, 

when, 985. 
Trial at the term at which indictment 

is found, 986. 
When court has continuous session 

for thirty days, 986. 

Contract for Public Work. 

Failure to observe contract, 741. 

Letting of, 283. 

Penalty for false swearing, 741. 

Contractor. 

False affidavit by, 266. 

Contradictory Statements. 
Impeachment by, 1052. 

Conversion. See Fraudulent Conversion. 

Conviction. 

Confession alone will not justify, 1031. 
Disqualification to vote or hold office, 

1077, 665. 
Forfeiture of estate not worked by, 

16. 
Must precede payment of costs, 13, 

305, 1105, 1134. 
Must precede punishment, 20. 
None for assault or attempt, when, 19. 
Not work corruption of blood, 16. 
When testimony warrants, 1013. 

Convicts. See Industrial Farm, Misde- 
meanor Convicts, Prison Commis- 
sion. 

Harboring escaped convicts, 327. 

Convicts Produced as Witnesses. See 
Witnesses. 

Cooling Time. 

Jury shall be the judge of, 65. 

Copyrights. 

Illegal sale of, 635. 

Corn. 

Burning, 745, 746. 

Corn-meal, exceptions as to weights, 
563. 



Failing to pay for, 551. 
Inspector, neglect of duty by, 644. 
Weighing, packing, and marking, 565. 
Weights to be stamped, 562, 564. 
When fire communicated to a house, 
747. 

Corn-Meal. See Corn. 

Coroner. 

Advertising, demanding more than le- 
gal rate, 307. 

Analysis of stomach for poison, 1348. 

Body may be removed, 1351. 

Charge to the jury, and powers of the 
jury, 1344. 

Chemist to examine contents of stom- 
ach and intestines, 1348. 

Costs, when there is a conviction, 
1107. 

Costs, when to be repaid, 1338. 

Defaulting juror may be fined, 1342. 

Disinter, coroners may, 1340. 

Disinterring body illegally, 410. 

Expenses of chemist, 1348. 

Fees of coroner, 1141. 

Fees of jurors, 1339. 

Inquests, when held, 1337, 1338. 

Inquisition to be returned to superior 
court, 1347. 

Jail, when coroner shall keep, 1151. 

Jury, power to pass upon matters 
given in charge, 1344. 

Justice may act as coroner, when, 
1350. 

Oath of foreman and jury, 1343. 

Physician, how appointed, in certain 
counties, and his duties, 1349. 

Post mortem examination, 1348. 

Precept for summoning jury, 1341. 

Precept, service of, 1341. 

Refusing to receive prisoner, 289. 

Six jurors, majority decides, 1339. 

Summoning jury, 1341. 

Warrant for arrest, 1346. 

Witnesses, how summoned and sworn, 
1345. 

Witnesses recognized, 1346. 

Coroner's Inquest. See Coroner. 

Corporations. 

Contributions to campaign fund, 671. 
Embezzlement by officers or agents, 
186. 



INDEX. 



359 



Indictments or special presentments 

against, 963. 
Not guilty, when plea of shall be filed, 

9G3. 
Proceedings and judgment, 963. 
Process against, 963. 

Corpses. See Human Bodies. 
Illegal traffic in, 407, 410. 

COERUPTION OF BLOOD. 

Conviction does not work, 16. 

Costs. 

Conviction, paid only after, 13, 305, 

1105, 1134. 

Except defendant's own witnesses, 

1105. 
Courts of inquiry, 950. 
Discharge of insolvents by ordinary, 

1108. 
Excessive, 305. 
Extortion, 302, 303. 
Fee bill to be posted, 306. 
Imprisoned until paid, 1105. 
Inquest, when party is convicted, 

1107. 
Insolvent cost, how allowed, 1113. 
Insolvent cost, lien of officers, 1112. 
Jailer's fees, 1135, 1136. 
Jail fees on change of venue, 1110. 
Jury commissioners and clerks, 1138. 
Justices of the peace, 1139, 1115. 
Lien of State, 16, 1105. 
Prosecutor shall pay when, 1109. 
Sheriff, 1134. 

Solicitor-general, 1126-1130. 
Special criminal bailiff, 1132. 
Stenographic reporter, 1131. 
Taking illegal, 1125. 
When defendant liable' for State's 

witness, 1106. 
When venue is changed, 1110. 

Cotton. See Farm Products. 
Baled, stealing, 183. 
Cutting bagging, 556. 
Failing to pay accepted bill, 549, 550. 
Failing to pay for, 551. 
Illegal charge for weighing, 557. 
Illegal charge, employer consenting, 

558. 
Illegal purchasing of seed-cotton, 555. 
Purchase from tenants, 554. 
Putting dirt or rubbish into, 709. 



Cottonseed Hulls. 

Weight to be stamped, 566. 

Cottonseed-Meal. 

Inspection, analysis and sale, 645. 

Counsel. 

Continuance for absence or illness, 

990. 
Privilege and benefit of, 8. 

Counselors and Instigators. 
When punished, 37. 

Counterfeiting. See Forgery and Coun- 
terfeiting. 

Brands or marks, 708. 

Counter-showing. 

For continuance, 992. 

Counties. 

Boundary line, offense committed on, 
26. 

Buildings of, illegal contracts for, 
283. 

Conspirators to cheat or defraud, 291, 
294. 

Convicts, counties may combine, 1168. 

Embezzlement by treasurer, 187. 

Grand jury's duty as to county affairs, 
840. 

Jurisdiction, crimes committeed in, 
29. 

Jurisdiction, on county line, 26. 

Jurisdiction, on State line, 25. 

Jurisdiction, soil ceded to United 
States, 28. 

Jurisdiction, when river forms State 
boundary, 24. 

Jurisdiction, when stream is bound- 
ary, 23. 

Jurisdiction, wound and death in dif- 
ferent counties, 27. 

Officer letting contract illegally, 282. 

County Commissioners. 

Jail and inmates controlled by, in cer- 
tain counties, 1159. 
Jailer's monthly report, 1162. 
Jailer's salary, 1161. 
Jail guards' compensation, 1161. 
Malpractice in office, 295. 

County Health Regulations. 
Violations of, 502, 503. 



360 



INDEX. 



County Jails, See Jailer, Jails in Certain 
Counties. 

Assisting to escape, 317. 

Bond of jailer, 1150. 

Control of, by commissioners, 1159. 

Coroner is jailer, when, 1151. 

Cruelty, 286. 

Failure to keep, punished, 1155. 

Grand jury shall inspect and make 
presentments as to sanitary condi- 
tions, 844. 

Oath of jailer, 1150. 

Record of prisoners, kept by sher'fC, 
1154. 
Failure to keep, punished, 1155. 

Sheriff furnishes prisoners, 1156. 

Sheriff is jailer, 1149. 

Sheriff may appoint, 1149. 

Sheriff takes custody of jail and pris- 
oners, 1156. 

Sheriff takes prisoners to adjoining 
county, when, 1156. 
Sheriff, failing, in contempt, 1157. 

Treatment of inmates, presentments 
as to, 844. 

United States prisoners, 1152, 1153. 

When venue is changed, duty of offi- 
cers, 1158. 

County Offices. 

Grand jury to appoint citizens to ex- 
amine, 841. 
Powers and duties of citizens, 841-843. 

County Orders. 

Speculating in, by officers, 281. 
Treasurer not to purchase at dis- 
count, 280. 

County Surveyor. 

Making false survey, 282. 

County Treasurer. 

Embezzling county money, 187. 

Failing to make exhibit to grand jury, 
301. 

Failure to render accounts, 301. 

Fine and forfeiture fund, how paid 
out, 1119, 1120. 

Postponing an order, 280. 

Purchasing county orders at a dis- 
count, 280. 

Refusing to pay an order, 280. 



Separate account of fine and forfei- 
ture fund, 1118. 

Treasury, forfeitures and fines to be 
paid into, 1116. 

Court Reporter. See Stenographic Re- 
porter. 

Duties, 1007. 

Courts. 

Carrying deadly weapons to, 348. 
Right to resort to, in person or by at- 
torney, 7. 

Courts of Inquiry. 

Abstract of evidence in felonies, 936. ^ 

Bail, 947, 933, 958. 

Bail, may take in all except capital 

cases, 958. 
Binding over witnesses, 940. 
Commitment delivered to officer, 949. 
Commitment, form of, 939. 
Commitment, regular, need not be en- 
tered, when, 947. 
Committing for different offense, 938. i 
Continuance, none when, 944. 
Costs, duty of justice and clerk, 950. 
Decision, rule of, 937. 
Disposition of papers, 949. 
Evidence, all legal, to be heard, 935. 
Fees, when sent to adjoining county, 

945. 
Informality, not discharge on habeas 

corpus, 951. 
Jailer not bound to receive prisoner, 

when, 946. 
Jail in another county, when sent to, 

945. 
Municipal courts may commit, 952. 
Offenders on boats, etc., 953. 
Officers may visit and search vessels, 

953. 
Other associates, justice may have, 

932. 
Papers forwarded to clerk, 949. 
Rule of decision, 937. 
Statement of defendant, 935. 

Duty of court, as to, 935. 
Weight to be given to it, 935. 
Time and place of inquiry, 931. 
Time granted to parties, 933. 
Vessels, officers may visit and search, 

953. 



INDEX. 



361 



Waiving trial, 948. 

Operates as supersedeas, 948. 
Who may hold the court, 931. 
Witnesses before grand jury, 942. 
Witnesses, binding over, 940. 
Witnesses compelled to attend, 934. 
Witnesses for accused, 943. 
Witnesses, names of State's, endorsed 

on warrant, 941. 



Cow. 

Skinning dead, 223. 

Coward. " 

Proclaiming one, as, 358. 

Creditor Not to Transfer Claims. 

Punishment, 131. 

Transferring claim to defeat exemp- 
tion of wages, 131. 

Crimes. 

By penitentiary convict. State pays 
expenses of trial, 1230. 

Coexisting laws, punished under, 18. 

Committed under fear, 41. 

Compounding felonies, 328. 

Consist in, what, 31. 

Constructive presence, 42. 

Convictions that disqualify, 1077. 

Counselors and instigators, 37. 

Criminal negligence, constituents of 
crime, 31. 

Definition, 31. 

Drunkenness, no excuse for, 39. 

Felonies, how punished, 1062. 

Felonies, how punished when discre- 
tionary, 1063. 

Idiots not accountable, 33, 36. 

Infants of fourteen, 33. 

Infants under ten, 34. 

Intention, constituent of, 31. 

Intention, how manifested, 32. 

Involuntary servitude for, 15. 

Lunatics, 35. 

Married women coerced, 38. 

Misdemeanor punished, 1065. 

Presence, constructive, 42. 

Principals defined, 42. 

Prosecutions for, limitations as to, 30. 

Punishment under coexisting laws, 18. 

Responsible for crime, who are, 33. 

Sound mind, who has, 33. 

Trials for, in county where crime was 
committed, 29. 



Crimes Against Habitations. 

Arson, 132. 
Burglary, 146. 

Crimes Against the State. 
Defined, 50-58. 

Criminal Negligence. 

Constituent of crime, 31. 
Definition and punishment, 117. 

Crimination of Self. 

Not compelled, 9, 1037. 

Cropper, Servant, or Farm-laborer of An- 
other. 

Employing of another, 123, 124. 

Enticing or attempting to entice 
away, 125. 

Illegal sale by, 729. 

Refusal to deliver part of crop by 
landlord, 729. 

Crops. 

Setting fire to, or burning, 745, 746. 
When fire is communicated to house^ 

747. 

Cross-examination. 

Leading questions on, 1045. 
Prisoner not subject to, 1036. 
Right of, 1044. 
Several parties, 1044. 

Crossings of Railroads. 

Trains must stop within fifty feet of, 
517. 

Cruel and Unusual Punishment. 
Not to be imposed, 12. 

Cruelty. 

Animals, 753. 
Animals, arrest for, 910, 
Children, 758. 
Defined, 755. 
Disposition of fine, 754. 
Jailers, 286. 

Cumulative Evidence. See Evidence. 
Defined, 1009. 

Currency. 

Each bill a new offense, 251 
Unauthorized issue of, 250. 



362 



INDEX. 



Cutting Tukpentine Boxes. 
Regulated, 488. 

Dams. 

Breaking bridges, dams, banks, etc., 
750. 

Dance-halls or Places of Public Amuse- 
ment. 

Definition and punishment, 425. 

Days. 

Number of, how computed, 1 (8). 

Dead Animals and Fowls. See Carcasses 
of Animals. 

Carcasses not put in streams, etc., 

484. 
Decaying animal or vegetable matter, 

486. 
Owner must bury, 485, 486. 

Deadly Weapons. See Weapons. 

Dealing in Futures. 
Punishment, 403. 

Death. See Punishment. 

Arson causing death, 144. 

Execution not done, warrant to issue, 
1072. 

How sentence shall be executed, 1069. 

Pregnant convict, suspension of sen- 
tence, 1071. 

Resentence on recovering sanity, 1076. 

Time and place of execution, 1070. 

Death Penalty. 

Bar of seven years, 30. 
Inflicted, no benefit of clergy 17. 

Decaying Vegetable or Animal Matter, 

Owner must bury, 486. 
What counties, 487. 

Deceitful Means or Artful Practices. 
See Cheats and Swindlers. 

Other oftenses than those enumerated, 
719. 

Declarations. See Evidence. 

Conspirators, declar-ations of, 1025. 
Res gestae, 1024. 

Declaring Unearned Dividends. 
Punishment, 740. 



Deeds, Wills, or Other Writing. 

Forging, 231. 

Stealing or destroying, 163. 

Deer or Fawn. See Game. 

Killing or taking during closed 
season, 586. 

Defamation of Virtuous Female. 

Definition and punishment, 343. 
Privileged communications, 343. 
Prosecution only by indictment, 343. 

Demand for Trial. 

When demand may be made, 983. 

Demurrer. 

May plead "not guilty" after demur- 
rer overruled, 975. 
To be in writing, 975. 

Dentists and Dentistry. 

Exemption from jury duty, 871. 
False statements before board of ex- 
aminers, 473. 
Illegally practicing, 472, 476. 
Profession misbehavior, 471. 

Deputies. 

Appointment of peace-officers, 337. 

Deputy Jailers and Guards. 

Fees in certain counties, 1136. 

Destroying Books or Papers of Value. 
Definition and punishment, 742. 

Destruction of House by Explosives. 
Definition, 784. 
House not within a city, 786. 
House where no person lodges, 787. 
House within a city or town, 785. 

Detectives. See Peace-officers and De- 
tectives. 

Diplomas of Medical Colleges. 

Given in charge to grand jury, 464. 
Regulations as to granting, 463. 

Direct Evidence. See Evidence. 
Defined, 1009. 

Dirt or Rubbish. 

Putting into cotton, sugar, provisions, 
etc., 709. 



INDEX. 



363 



Discharge of Firearms on Highway. 
Definition and punishment, 504. 

Discharge of Firearms on Sunday. 
Definition and punishment, 418. 

Discretion of Judge. 

Sentence of juvenile offenders, 1270. 

Discrimination. 

Unjust, by common carrier, 733. 

Diseased Cattle. See Cattle. 

Importation of, 581. 
Quarantine regulations, as to, 582. 
State veterinarian, interfering with, 
583. 

Dismissal of Warrant. 

Arresting officer not to procure, 923. 
Punishment, 923. 

Disorderly House. 

Definition and punishment, 383.' 

Disturbing Congregation Assembled for 
Divine Service. 
Definition and punishment, 412. 

Disturbing Schools. 

Definition and punishment, 424. 

Disturbing Societies. 

Definition and punishment, 412, 413. 

Dividends. 

Declaring fraudulent, 208. 
Declaring unearned, 740. 

Divine Service. 

Disturbing and punishment, 412. 

Dockets. 

Called in order, 967. 

Exceptions, 967. 
Clerk superior court to keep three 

dockets of criminal cases, 797. 
Dead docket, 797. 
Recognizance not called out of regular 

order, 961. 

Dockets of Justices and Notaries. 

Punishment for failure to discharge 

duties, 299. 
Shall keep separate dockets of civil 

and criminal cases, and what they 

shall show, 297, 299. 



Dogs. 

Subject of simple larceny, 161. 

Domestic Fowls. 

Owner must bury, 485. 

Doubt, Reasonable. 
Definition, 1013. 

Doves. See Game. 

Baiting and killing prohibited, 587. 
Catching or killing to sell, 589. 
Closed season, 586. 
Number to be killed limited, 588. 

Drainage. 

Interfering with canals, 490. 

Owner failing to comply with order, 

489. 

Drifted Timber. 

Disposing of, 224. 

Drugs. 

Adulterated or misbranded, 451. 
Burden of proof, when on defendant, 

460. 
Compounding or vending illegally, 460. 
Fine, one half paid to pharmacy, 461. 
Narcotic, regulations as to sale of, 

459L 
Obstructing inspector, 452. 
I 
Druggists. 

Books for sale of poisons, must be 

kept, 454, 456. 
Compounding illegally, 460, 461. 
Morphine wrapped and labeled, 458. 
Poison, sale of, prohibited, 454, 457. 
Unlawfully compounding drugs, etc., 

460, 461. 

Drunkards. 

Furnishing liquor to, 443. 
Witnesses, incapacitated, 1039. 

Drunkenness. 

In public places, and punishment, 442. 
Municipal corporations may punish, 

442. 
Voluntary, no excuse for crime, 39. 
When person causing it is a principal, 

39. 
Witness incapacitated by, 1039. 



364 



INDEX. 



Duelling. 

Challenge, sending or accepting, 354. 

Fighting, punishment, 356. 

Officer knowing and not preventing, 

357. 
Publishing another a coward, 356. 
Seconds, punished as principals, 355. 

Due Process of Law. 
Must be observed, 6. 

Duress. 

Acting under threats, when not pun- 
ishable, 41. 

Married women, if coerced, not pun- 
ishable, 38. 

Persons compelling principals, 41. 

Dwelling-house. 

What the term embraces, 146. 

Dying Declarations. 

Admissibility of, 1026. 
Defined, 1026. 

Dynamite, etc. 

Destroying or injuring house with ex- 
plosives, and punishment, 748. 

House not within a city, and punish- 
ment, 786. 

House where no person lodges, and 
punishment, 787. 

House within a city or town, and pun- 
ishment, 785. ^ 

Eggs of Protected Birds. 
Protected, 586, 594. 

Elections. See Primary Elections. 

Buying or selling votes, 665. 
Witnesses, who may be, 665. 

Clerk failing to deliver ballots in con- 
tested election cases, 674. 

Clerk failing to return lists to grand 
jury, 659. 

Clerk's duty as to lists of voters, 657. 

Commissioner of pensions, 1468, 1470. 

Election returns, larceny of, 165. 

Electors privileged from arrest, 911. 

Expenses, campaign, publication of, 
671. 

False oath by voters at primary, 670. 

Falsifying voters' books or lists, 662. 

Fraud, etc., by manager, 667, 668. 

Grand jury to examine lists and bal- 
lots, 847. 



Liquor, giving or furnishing on day 
of, 445, 446. 

Lists of voters, clerk's duty, 657. 

Minor, voting illegally, 664. 

Municipal elections, 666. 

Personating another at primary, 670. 

Primary elections, buying or selling 
votes, 675, 676. 

Primary elections, definition, 447. 

Primary elections, illegal voting at, 
665. 

Primary elections, manager and 
clerks violating duty, 667, 668. 

Reformatory prison elections, 1262. 

Regislation laws, violations, 660. 

Superintendent failing to discharge 
his duty, 658. 

Superintendent to deliver lists to 
clerk, 658. 

Violations of registration laws enu- 
merated, 660. 

Voter's oath must be actually admin- 
istered, 661. 

Voting by minors, 664. 

Voting illegally, 665. 

Voting more than once, 663. 

Electrical Companies. 

Interfering with propertj^ of, 783. 

Electric Headlights. 

For locomotives, 526. 

Embalming. See Human Bodies. 

Illegally practicing, 411. 
Punishment, 411. 

Embezzlement. 

Administrators, or other trustees, 
188. 

Banks, corporate offices, etc., 186. 

County money, allegation when suffi- 
cient, 187. 

County money by treasurer, 187. 

County money, evidence of guilt, 187. 

County money, punishment, 187. 

In a public office, 184. 

Pension money, 185. 

Embracery. 

Definition and punishment, 333. 

Emigrant Agents. 

Acting without license, 632. 



INDEX. 



365 



Employees. 

ConsiJiring to prevent engaging in 
employment, 127. 

Hindering laborer from being em- 
ployed, 128. 

Hindering owner from working prop- 
erty, 129. 

Interfering with, 126-129, 124. 

Preventing from engaging in employ- 
ment, 126. 

Seats for females, 130. 

Employers Must Provide Seats for Fe- 
males. 

Must provide seats, 130. 
Punishment, 130. 

Employing Means to Destroy Unborn 
Child. 

Punishment, 81. 

Employing Servant, Cropper, Farm-hand 
of Another. 
Definition and punishment, 123. 

Engineers. 

Failing to blow the whistle and 

check the train, 519. 
Qualifications of, 525. 

Engrossing, Forestalling, and Regrating. 
Punishment, 707. 

Enticing Away Apprentices. 
Definition, 121, 
Punishment, 122. 
Who may be witnesses, 122. 

Enticing Children from Industrial 
Home. 

Definition, 112. 

Harboring children from, etc., 113. 

Enticing or Attempting to Entice Away 
a Servant, Cropper, or Farm-hand. 

Definition and punishment, 125. 

Entomology, Board of. 

Obstructing Board, 482. 
Sale of infested plants, 481. 
Shipment of infested plants, '479, 480. 

Escapes. 

Assisting to, from custody, 318. 
Assisting to, from jail, 317. 



Escapes from Penitentiary. 

Aiding, 321. 

Convicts and prisoners may be wit- 
nesses, 323. 
Evidence on trials, 323. 
Punishment, 321. 
Trials in county of escape, 323. 
Trials, State pays expenses of, 1230. 
Voluntary, 322. 

Escapes from State Sanitarium. 
Aiding, 576. 

Escapes in Misdemeanors. 
Aiding, 320. 
Attempting to aid, 320. 
Punishment, 319. 
Voluntary, 322. 

ESTRAYS. 

Failure to appraise and return, 585. 

Evidence. See Examination of Wit- 
nesses. 

Abstract, in courts of inquiry, 936. 

Accomplice corroborated in felonies, 
1017. 

Admissions defined, 1028, 1029. 

Admissions, entire conversation 
given, 1030. 

Admissions scanned with care, 1031. 

Alibi defined, 1018. 

Alibi defined, range of the evidence, 
1018. 

Amount of mental conviction, 1012. 

Attestation of public officer, 1041. 

Burden of proof, 1020. 

Certificate of public officer, 1041. 

Changing onus, 1021. 

Character and conduct of parties, 
1019. 

Circumstantial, definition, 1009. 

Circumstantial, when sufficient, 1010. 

Competent, definition, 1009. 

Confessions, collateral benefit, 1033. 

Confessions, material facts discov- 
ered, 1034. 

Confessions, must be voluntary, 1032. 

Confessions of conspirators, 1035. 

Confessions, received with great cau- 
tion, 1031. 

Confessions, under promise of se- 
crecy, 1033. 

Confessions, uncorroborated, not jus- 
tify conviction, 1031. 



366 



INDEX. 



Confessions, under spiritual exhorta- 


Opinions, 1047, 1048. 


tions, 1033. 


Original, hearsay sometimes is, 1023. 


Conspirators, declarations of, 1025. 


Positive and negative, 1011. 


Continuance of life for seven years. 


Preponderance sufficient in civil 


1016. 


cases, 10J2. 


Conversations, and when original. 


Presumptions defined, 1014. 


1023. 


Presumptions from failure to produce 


Conviction, when testimony war- 


evidence, 1015. 


rants, 1013. 


Presumptions, prima facie, 1016. 


Copy, admissibility of, 1022. 


Presumptive, definition, 1009. 


Genuine original must exist, 1022. 


Reasonable doubt, 1013. 


Courts of inquiry, evidence before, 


Res gestw, 1024. 


935. 


Rules of evidence, object of, 1008. 


Credibility for the jury, 1054. 


Separation of witnesses, 1043. 


Cross-examination, 1044. 


Single witness generally sufficient. 


Cumulative evidence, definition, 1009. 


1017. 


Declarations of conspirators, 1025. 


Statement of prisoner, 1036. 


Definitions of evidence, 1009. 


State of feeling and relationship. 


Direct, definition, 1009. 


1049. 


Doubt, 1013. 


Sufficient, definition, 1009. 


Drunkenness, 1039. 


Testimony of witness on former trial, 


Dying declarations, 1026. 


1027. 


Exemplifications, 1041. 


When testimony is sufficient, 1013. 


Experts, opinions of, 1048. 


Witness for wife whipping, 104. 


Failure to produce evidence, 1015. 




Former trial, testimony on, 1027. 


Examination of Witnesses. See Evi- 


Gaming, who are competent wit- 


dence, also Witnesses. 


nesses, 403. 


Cross-examination, 1044, 


Grand jurors, admissions and com- 


Experts, 1048. 


munications excluded, 830, 


Leading questions, rule as to, 1045. 


Guilt, presumption of, lOlG. 


Memorandum in aid of memory, 1046. 


Handwriting, when resorted to, 1042. 


Opinions, 1047. 


Hearsay, 1023-1027. 


Separation of witnesses, 1043. 


Hearsay, sometimes original, 1023. 


State of feeling and relationship. 


Husband and wife as witnesses, 1037. 


1049. 


Idiots, lunatics, and children, 1038. 




Impeachment of witnesses. See Wit- 


Exceptions to Indictments. 


nesses. 


Affecting merits, 980. 


Indirect, definition, 1009. 


For form, must be before trial, 980. 


Innocence, presumption of, 1016. 




Interpreter, 1040. 


Excessive Bail. 


Libel, truth may be shown, 342. 


Not required, 12. 


Life, continuance for seven years. 




1016. 


Excessive Fines. 


Mental conviction, amount of re- 


Shall not be imposed, 12. 


quired, 1012. 




Moral and reasonable certainty all 


ExcuKSiON Trains. 


that can be expected, 1012. 


Shooting on, 515. 


Negative affirmation, burden of proof. 




1020. 


Executor. 


Negative testimony, 1011. 


Fraudulent conversion by, 188. 


Newly discovered evidence, 1088. 






Exemplifications. 


Number of witnesses necessary, 1017. 




Object of evidence, 1008. 


How certified and admitted, 1041. 



INDEX. 



367 



Exemption of Property from Taxation. 


False Keys. 


Duty of collector and receiver, 279. 


Having possession of, 680. 


Exemption of Wages. 


False Representations of Solvency. See 


Transferring claim to defeat exemp- 


Cheats and Swindlers. 


tion, 131. 


Inducing to become bail, surety, etc , 




712. 


Exemptions from Jury Duty. 


Lying to obtain endorsers or other 


Persons enumerated, 871. 


security, 712. 


Experts. 


False Survey. 


Testimony of, 1048. 


By county surveyor or other person, 




282. 


Explosives. 




Destruction of house by, 784. 


False Swearing. See Perjury. 


Destruction of house in city, 785. ^ 


Contractor for public work, 741. 


Fish, using explosives to kill, 604. 


Contractor's affidavit, 266. 


House not a lodging, 787. 


Definition, 261. 


House not in city, 78G. 


False witness causing death, 265. 


Oils on cars, 516. 


Jury commissioners and clerks, 269. 


Using on passenger-cars, 516. 


Punishment, 262. 


Ex Post Facto Law. 


Subornation of, 263. 




Punishment, 264. 


Forbidden, 3. 


Tax-collectors' reports, 268. 


Looking only to mode of trial, 3. 






Taxpayers' oath, 267. 


Express Companies. 


False Weights and Measures. See 


Receipts to be given by, 633. 


Weights and Measures. 


Express Malice. 


Selling by, 706. 


Constituent of murder, 60. 


False Witness Causing Death. 


Defined,, 61. 






Punishment, 265. 


Extortion. 


Farming Out Office. 


Attorney-general taking fees, 304. 


Definition and punishment, 285. 


Definition, 302. 




Demanding more than legal rate for 


Farm Laborer of Another. 


advertising, 307. 


Employing, 123. 


Punishment, 303. 


Enticing and attempting to entice 


Retaining part of -advertising fee, 


away, 125. 


308. 


Punishment, 123. 


Factories, Child Labor in. 


Farm Products. See Cotton. 


Regulated, 759. 


Buying from tenant, 554. 


Failure to Produce Evidence. 


Cutting bagging from cotton, 556. 




Failing to pay accepted bill or draft. 


Presumption arising, 1015. 


549, 550. 


False Billing or Classification. 


Failing to pay for cotton, corn, etc., 


By carrier, 731. 


551. 


By consignor or consignee, 732. 


Illegal charge for weighing cotton. 




557. 


False Imprisonment. 


Illegal charge, employer consenting. 


Definition, 106-108. 


embraced, 558. 


Punishment, 107. 


Procuring consignments and failing 


Under color of legal process, 108. 


to pay, 552. 



368 



INDEX. 



Purchase of seed cotton, 555. 
Regulations as to, 549, 558. 
Soliciting consignments to irrespon- 
sible persons, 552. 
Worthless checks, 553. 

Fawn. See Game. 

Fear. See Justiftahle Homicide. 

Bare fear not justify killing, 71. 
Crime committed under, 41. 
Person compelling, a principal, 41. 

Feeding-Stuffs. 

Obstructing inspector, and punish- 
ment, 452. 

Violating law as to, and punishment, 
451. 

Fee Bills. 

To be posted, in office, 306. 

Fees. 

For assisting pensioner, 1511, 1514. 

Fees of Officers. 

Advertising fee, retaining part of, 
308. 

Attorney-general can not take, 304. 

Clerks of the superior court, 1133. 

Constables, 1140. 

Coroners, 1141. 

Deputy jailers and guards, 1136. 

Fee bill to be posted in office, 306. 

Illegal fees prohibited, 306. 

Jailers, 1135. 

Jury commissioners and clerks, 1138. 

Justices, 1139. 

Local laws not repealed, 1135. 

Ordinaries, 1142. 

Sheriffs, 1134. 

Solicitor-general, 1126. 

Solicitor-general, certificates of judge 
and clerk, 1126-1130. 

Solicitor-general in Supreme Court, 
1128. 

Special criminal bailiffs, 1132. 

Stenographic reporters, 1131. 

Taking illegal, 305, 1125. 

When applied to defendant's wit- 
nesses, 1147. 

When venue is changed, 1148. 

Witnesses for State from other coun- 
ties, 1144, 1145. 



Felony. See Impaneling the Jury, and 

Jury and Jurors. 
Attempt to commit, punishment, 

1066. 
Barred in four years, 30 (3). 
Compounding, 338. 
Definition, 2. 
Juries to try, 862. 
Limitations of prosecutions, 30. 
Number of witnesses in, 1017. 
Testimony to be reported, 1007. 

To be recorded, when, 1007. 
When testimony shall be entered on 

minutes, 1007. 

Female. See Defamation of a Virtuous 
Female. 

Females, Seats Provided by Employers. 

Punishment, 130. 

When to be provi-ded, 130. 
» 

Feminine and Neuter. 

Masculine gender includes, 1. 

Fences or Crops. 

Burning fences, farm products, etc., 

745. 
Fire communicated to a house, 747. 
Injuring fences, 767. 
Leaving open or injuring gates at 

crossings, 767. 
Setting fire in town or city, 746. 
Setting fire not in town or city, 745. 
Taking from fence for fuel, 749. 

Ferries. See Turnpikes, Bridges, and 
Ferries, and also Bridges. 

Banks allowed to be out of repair, 

572. 
Collecting toll without authority, 572. 
Liability of owner of private ferry, 

etc., 573. 
Obstruction of, 571. 
Safe boats to be provided, 572. 

Ferrymen. 

Competent and sufficient to be pro- 
vided, 572. 
Exemption from jury duty, 871. 

Fertilizers and Chemicals. 
Brand on sack, 643. 
Formulas for composting, certificate 

of approval, 561. 
Selling without inspection, 643. 



INDEX. 



369 



Fetteked. 

When prisoner may be, 968. 

Fictitious Names. 

Making note or bill of exchange, 247. 
Using fictitious names, 247. 

Fine. See Fine and Forfeiture Fund. 
Board of pharmacy, paid to, when. 

461. 
Excessive, not to be imposed, 12. 
Informer, one half goes to, when, 652. 
Paid by medical colleges, 463. 
Paid, when, 1111. 

Fine and Forfeiture Fund. 

Arising from convict labor, 1124. 
Claims of officers against, how paid, 

1119. 
Constable's cost, 1115. 
Convict labor, fund arising from, 

1124. 
Cost of justices, 1115. 
County treasurer's report to grand 

jury, 1121. 
County treasury, fines and forfeitures 

paid into, 1116. 
Cruelty to animals, disposition of 

fines, 754. 
Distribution of fund, 1117. 
Exceptions as to distribution, 1122, 

1123. 
Insolvent costs allowed, 1113. 
Insolvent costs, how paid, 1114. 
Justices and others, how paid, 1120. 
Kept separate from other county 

funds, 1118. 
Local laws not repealed, 1122. 
No warrant on any other fund, 1123. 
Officer's lien, 1112. 
Treasurer to report to grand jury, 

1121. 
Treasury, money paid into, 1116. 

Fire, 

Setting fire to or burning, fences, etc., 
not in a town or city, 745. 

Threatening to burn property of an- 
other, 782. 

When fire is communicated to a 
house, 747. 

Firearms. 

Discharge of, near public highway, 

504. 
Discharge of, on Sunday, 418. 



Fire Companies. 

Exemption from jury duty, 871. 

Fire-Hunting. 

Definition and punishment, 593. 

Firing or Sinking Vessel. 
Punishment, 761. 

Firing the Woods. 

Negligently permitting fire, 230. 
Notice to be given, 228. 
Punishment, 229. 
When, and by whom, it may be done, 

227. 
Willfully, carelessly, or negligently 

setting fire, 748. 

Fish and Fishing*. 

Artificial shell reefs and fishing 
grounds, 601. 

Closed periods for seins, nets, gig, or 
spear, 612. 

Drift-nets, use of, regulated, 614. 

Explosive substances, use of, prohib- 
ited, 604. 

Illegal fishing, 601, 218. 

Killing fish with dynamite or fire- 
arms, 604. 

Lease or license to be recorded, 600. 

Mountain trout, seining or netting 
for, 609. 

Nets, etc., when illegal, 605. 

Nets extending over more than half 
the stream, 605. 

Non-resident shall not take for sale, 
610. 

Obstructing the passage of fish, 603. 

Poisoning fish, 611, 774. 

Poisoning substances placed in water, 
611. 

Poisoning waters, 774. 

Regulation of, 600. 

Seines, when they may be used, 600. 

Shad, closed time, and meshes of 
nets, 606. 

Shad, exceptions as to dates, 613. 

Shad may be taken, when, 607. 

Shad, penalty for violation, 608. 

Sunday, fishing on, prohibited, 419, 
600. 

Traps, etc., when unlawful, 602. 

Vessels on rivers, when they may be 
occupied, 600. 



370 



INDEX. 



Fish Ponds. 

Injuring, 772. 
Poisoning fishy 774. ' 

Fixtures. 

Injuring turnpike and navigation, 

760. 
Larceny of, 166. 

Flagging a Train. 

When it may be done, 524. 

Flour, Meal, and Grain. 

Neglect of duty by inspector, 644. 
Selling without inspection, 565. 
Weights to be stamped on sacks, 562. 
Exceptions, 563. 

FCETICIDE. 

Punishment, 80, 82. 

FOLLOWING. 

Meaning of the term, 2. 

Foods, Adulterated or Misbranded. 

Punishment for violations, 451, 452. 

Forcible Detainer. 

Definition, 345. 

Only questions are possession and 

force, 346. 
Punishment, 346. 
Restitution, 346. 

Forcible Entry. 

Definition, 344. 

Only questions are possession and 

force, 346. 
Punishment, 346. 
Restitution of possession, 346. 

Foreign Building and Loan Associa- 
tions. 

Sale of stock to non-residents, 625. 
Soliciting subscriptions illegally, 624. 

Forestalling, Regrating, and Engrossing. 
Punishment, 707. 

Forfeiture of Estate. 

For crime, abolished, 16. 

Forfeiture of Recognizances. See He- 
cognizance. 

Mode of forfeiture, 961. 
Scire facias, 961. 



Forgery and Counterfeiting. 

Alteration of note, check, etc., 240. 
Audited certificates, 231 (1). 
Bank check or draft, 239. 
Bank notes, counterfeiting, 238. 
Bank notes, knowingly uttering or 

passing, 241. 
Bill of exchange, 231 (7). 
Bond, note, order, etc., 231. 
Card or receipt for dues, 234. 
Certificate, draft, order, or warrant, 

under act or resolution, 231 (5). 
Coins, 237. 

Collector altering digest, 253. 
Conveying land by forged title, 252. 
Currency, unauthorized issue of, 250. 
Deed, will, receipt, etc., 231 (6). 
Fictitious names, using, 247, 249. 
Forging, altering, or uttering any 

other writing, 245. 
Label, trade-mark, etc., 254. 
Label, using counterfeit, 255. 
Label, using genuine unlawfully, 256. 
Letter or certificate given to em- 
ployee, 235. 
Name and emblems of benevolent as- 
sociations, 258. 
Name or seal, unauthorized use of, 

257. 
Note, bill, etc., of, or on, a person, 

244. 
Obtaining goods on false writing, 249. 
Order or warrant on treasury, 231 

(2). 
Personating another, 248. 
Possessing notes, etc., intending to 

pass, 242. 
Possessing types, etc., intending to 

counterfeit, 243. 
Public seals, 246. 
Punishment for violating certain 

sections, 236. 
Receipt, 231 (6). 
School certificate or license, 233. 
Title to land, conveying by forged, 

252. 
Uttering certificates, etc., 232. 
Uttering or passing notes, etc., 241. 
Uttering, or possessing with intent to 

utter, certain papers, 236. 
Warrant for land, 231 (3). 

Former Acquittal. 

In jeopardy but once, 11. 



INDEX. 



371 



Former Conviction. 

In jeopardy but once, 11. 

Formulas for Composting Fertilizers. 
See Fertilisers. 

Fornication. 

Definition and punishment, 372. 
Place for practice of, punishment, 382. 

Fowls, Domestic 

Owner must bury, 285. 

Fraternal Beneficiary Order. 
Acting for, illegally, 629, 630. 

Fraud by Limited Partner. 

Definition and punishment, 727. 

Fraudulent Conversion. 

Administrator, executor, etc., 188. 
Any other trustee, 192. 
Articles for purpose of selling, 194. 
Bailee converting goods, etc., 189. 
Bailee converting proceeds after sale, 

190. 
Clerks and persons in places of trade, 

191. 
Entrusted for selling, 194. 
Executors, 188. 
Guardian, 188. 

Notes, etc., for collection, 193. 
Trustee, 188. 

■Fraudulent Entries, etc, in Speed Con- 
tests. 

Definition, 724. 

Name of animal, 726. 

Rules for determining class, 725. 

Fraudulently Obtaining Credit. 

Definition and punishment, 703. 

Fraudulent Seizures and Levies. 
By United States agents, 214. 
Levies, 215. 

Freight Trains. 

Running on Sabbath, 414. 
Exceptions, 414. 
Proof on trial, 415. 

Fugitive from Justice. 

Delivery suspended by Governor, 

when, 1354, 
Disposed of, when not demanded, 

1355. 



Duty of Governor, 1358. 

Fees of officers, 1359. 

From foreign States, 1352. 

From other States, 1353. 

Officers must execute warrants, 1356. 

Requisition, how obtained, 1357. 

Furnishing Weapons to Minors. 
Definition and punishment, 350. 

Future Operation of Laws. 
Rule as to, 3. 

Futures. 

Dealing in, 403. 

Gambling. 

Clerks and bank officers, 394. 
Definition and punishment, 392. 
Players compelled to testify, 395. 
Suspected rooms may be broken open, 
396. 

Game. 

Birds, protection of, 594. 

Catching or killing to sell, without a 
license, 589. 

Deer or fawn, closed season, 586, 589. 

Doves, baiting prohibited, 587. 

Doves, catching or killing to sell, 
without a license, 589. 

Doves, closed season, 586. 

Doves, number to be killed, limited, 
588. 

Eggs of protected birds, 586. 

Fire-hunting prohibited, 593. 

License, catching or killing to sell, 
without, 589. 

Marsh hen, closed season, 586. 

Opossum, closed season, 590. 

Partridge or quail, closed season, 
586, 589. 

Partridge or quail, net or trap, when 
allowed, 591. 

Patridge or quail, not to be exported, 
591. 

Pheasants, closed season, 586. 

Possession of game, fish, or eggs, evi- 
dence, 586, 592, 594. 

Selling, offering to sell, or having, 
when prohibited, 586. 

Snipe, closed season, 586. 

"Wild turkey, closed season, 586, 589. 

Wood duck or woodcock, closed sea- 
son, 586. 



372 



INDEX. 



Game Birds. See Birds. 


Georgia State Reformatory. 


Gaming-Houses. 


Agricultural products and funds 
arising therefrom, 1255. 


Definition, 389. 


Arrest and return of inmates, 1247. 


Knowingly renting or letting for 


Conditional discharge, 1246. 


such purpose, 390. 


Convicts under 16 years of age, 1238. 


Players competent and compellable 


Credit for good behavior, 1254. 


as witnesses, 395. 


Deportment, system of marks, 1253. 


Punishment, 389. 


Discipline, 1244. 


Suspected rooms or houses may -oa 


Equipments, 1257. 


broken, 396. 


Established as State institution, 1237 


Gaming-Tables. 

Bank officers or agents, gaming with. 


Guards appointed, 1242. 
How long person committed may be 
held, 1240. 


394. 
Clerk in post-office, 394, 
Definition, 391. 
Minors not to play or bet, 393. 
Players competent and compellable 


Indeterminate sentence, 1239. 
Inmates, how to be employed, 1243. 
Location of Reformatory, 1256. 
Not to affect other reformatories, 
1 1259. 


as witnesses, 395. 
Punishment, 391. 


Pardon of inmates, 1248. 
Parole of inmates, 1245. 


Garnishment. 


Prison commission shall control, 
1241. 


Assignment of claim to defeat ex- 
emption, 131. 
Pensions exempt from, 1495. 


Proclamation by the Governor, 1258. 
Record of commitment, 1251. 
Registration of inmates, 1250. 


Gates. 

Between fence and no-fence counties. 


Separation of races, 1249. 
Site and equipments, 1257. 
Superintendent, appointment, duties. 


548. 
Leaving open on public highway, 548. 
Leaving open or injuring, 767. 
On registered road, 548. 


and salary, 1242. 
Teachers, appointment, duties, and 

salary, 1242. 
Transfers from State prison farm or 


Gender. 


chain-gang, 1252. 


Masculine includes feminine and neu- 


Georgia State Sanitarium. 


ter, 1 (3). 


Aiding escape of patient, 576. 


General Assembly. 

Members conspiring to cheat State 
or county, 291-294. 


Liquor not to be furnished to patient, 

inmate, or employee, 437. 
Liquor within two miles of, 437. 


Privilege of members from arrest, 

912. 
Witness attending, ground for con- 


Gift Enterprises. See Lotteries and Gift 


Enterprises, 397-401. 


tinuance, 988. 


Ginseng. 


General Character. " 


Digging, unlawfully, 778. 


Irrelevant, when, 1019. 




Witness impeached by proof of bad, 


Goats. 


1053. 


Skinning dead goat of another, 223. 


Georgia Ln'dustrial Home. 


Gold. 


Enticing children from, 112. 


Erection or use of machinery, pro- 


Harboring absconding child, 113. 


hibited when, 213. 



INDEX. 



373 



Gold, Bullion, etc. 


Examine lists and ballots, 847. 


Duty of purchaser of, 699. 
Erecting or using machinery to pro- 
cure, 213. 


Examine pension rolls, 849, 1496. 
Execution of sentence obstructed, 

848, 849. 
Exemption from service, 871. 


Good Behavioe. 


Exhibits from solicitor and clerk, 846. 


See Warrants' for Good Behavior, 


Foreman may swear witnesses, 835. 


^ 1317-1324. 


Inspection of buildings, records, etc.. 




845. 


Governor. 


Inspection of jails, 844. 


Contagious diseases, proclamation as 


Inspection of tax-receivers' books. 


to, 492. 


837. 


Fugitives from justice, his duty, 1352- 


Legislature, member of, excused, 828. 


1359. 


Mistakes of tax-receiver, 839. 


Influencing Governor or head of de- 


Name of ineligible person returned 


partment, 272. 


to the box, 825. 


Pardoning power, 1078. 


Number, 812. 


Prison commission, appointment of, 


Oath, 829. 


1185. 


Oath of bailiff, 832. 


Reward for offenders, 902. . 


Oath of witnesses, 838. 


Grain. 

Burning of, 745, 746. 
Neglect of inspector, 644. 


Precept lost or destroyed, 873. 


Presentments published, 851. 
Pure food law, diligent inquiry as to, 
453. 


Grammatical Errors. 

Do not vitiate in statutes, 1 (9). 


Qualification of jurors, 811, 855. 
Qualification when counties are inter- 
ested, 881. 


Grand Jury. See Jury Commissioners. 


Recommend extra tax, 836, 


Book lists, 821. 


Record of prisoners, duty to examine, 


Boxes and lists supplied when de- 
stroyed, 868. 

Charges, special to, 850. 

Committee books, etc., 843. 

Committee of citizens, 841. 

Committee powers, 842. 

Compensation of jurors and court- 
bailiffs, 876. 


1155. 
Revision of lists, 816, 818. 
Selected, 819. 
Special charges, 850. 
Stand over when court fails, 880. 
Summoned, 827. 
Term of service, 869. 
When bound to notice offenses, 834. 


Compensation, when appear and not 
sworn, 879. 


When they may disclose, 831. 
Who ineligible, 811, 814, 824. 


Compensation, when no grand jury, 

878. 


Grazing Stock. 


Confidential communications, 830. 


Regulated, and punishment, 577-580. 


County affairs, duty as to, 840. 




Delinquent jurors, 868. 


Grits. 


Drawn by judge in term time, 823. 
Drawn, court adjourned for want of 


Packing, marking, and weighing, 565. 


jury, 874, 


Guardians. 


Drawn in vacation, 826. 

Drawn separate panels for each week, 


Fraudulent conversions by, 188. 


866. 


Guard Lines of Penitentiary Camps. 


Drawn, special emergencies, 875. 
Duties, 833, 840. 


See Penitentiary Camps. 


Examine jail record of prisoners, 


GuriLT. 


1155. 


Presumption may be rebutted, 1016. 



374 



INDEX. 



Habeas Corpus. 

Affidavit of applicant, 1298. 

Application, liow made and contents, 
1292. 

Arrest of party detained, when, 1298. 

Bench-warrant regular on its face, 
no discharge, 1224 (3). 

Bills of exception, practice, 1316. 

Child or wife, how disposed of, 1307. 

Contempt of court, no discharge, 
when, 1305 (5). 

Costs, how awarded, 1312. 

Defect in proceedings, no discharge 
for, 1308. 

Discharge of person, when forbidden, 
1305. 

Disobedience of writ, how punished, 
1304. 

Form of writ, 1295. 

Granted, when writ must be, 1294. 

How and by whom served, 1297. 

Imprisoned witness, how brought up, 
1311. 

Informality in the commitment no 
ground of discharge, 951. 

Issue, how tried, 1303. 

Misnomer, no discharge for, when, 
1305 (4). 

No discharge for defect in proceed- 
ings, 1308. 

Notice of hearing, 1314. 
• Not to be suspended, 14, 1290. 

Offense in another State, 1309. 

Party detained arrested, 1298. 

Penalty for refusing writ, 1315. 

Petition, how verified and presented, 
1293. 

Power of the court in cases not enu- 
merated, 1310. 

Practice in Jiaheas corpus cases, 1316. 

Proceedings shall be recorded, 1313. 

Process produced, when, 1301. 

Return day of the writ, 1296. 

Return of party served with the writ, 
1299. 

Time allowed, 1299. 

Return to be under oath and body 
produced, 1300. 

Service, how and by whom, 1297. 

Suspended, writ shall not be, 14, 1290. 

Transfer of custody must be stated 
in return, 1302. 



Trial of issue, 1303. 
Verified, how petition shall be, 1293. 
When writ may issue, 1291. 
Who may grant the writ, 792, 1293. 
Wife or child disposed of, 1307. 
Witnesses in imprisonment, 1306, 
1311. 
• Writ, penalty for refusing, 1315. 
Writ shall not be suspended, 14. 

Habitual Drunkard. 

Furnishing liquor to, 443. 

Handwriting. 

When resorted to, 1042. 

Harboring Criminals. 

Convicts, 327. 
Felons, 326. 

Hay. 

Burning of, 745-747. 

Headlights for Locomotives. 
Failure to use, 526. 

Hearsay. 

Declarations accompanying an act, 

1024. 
Declarations of conspirators, 1025. 
Definition, 1023. 
Dying declarations, 1026. 
Res gestw, when admissible, 1024. 
Sometimes original evidence, 1023. 
Testimony of witnesses on former 

trial, 1027. 

Highway. See Roads. 

Altering or obstructing, 543, 766. 
Bridges included in the word, 2. 
Discharge of firearms on or near, 

504. 
Encroaching on registered, 546. 
Injuring paved or macadamized 

roads, 544. 
Injuring the public roads, 545. 
Obstructing, 766. 
Obstructing registered, 547. 
Opening and leaving open gates, 548. 
Overseer failing in duty, 541. 

Hindering Owner from Working Prop- 
erty OR Hiring Laborers. 

Hindering owner by threats, etc., 129, 



INDEX. 



375 



Hindering Persons Who Desire to Labor, 

ETC. 

Definition and punishment, 128. 

Hogs. 

Killing or maiming, 752. 

Hog Stealing. 

Description of animal, 159. 
How charged in the indictment, 159. 
Is simple larceny, 159. 
Punishment, 160, 158. 

Homicide. See Justifiable Homicide, Vol- 
untary Manslaughter, and also In- 
voluntary Manslaughter. 

Concealment of child's death, 77, 78, 
79. 

Defined, 59. 

Excusable and justifiable the same, 
70. 

Involuntary manslaughter, 67. 

Justifiable homicide, 59, 70-76. 

Killing in defense, 72-76. 

Killing in defense of property or hab- 
itation, 72. 

Manslaughter, 64. 

Murder, 60-63. 

Voluntary manslaughter, 65. 

Horse. 

Killing or maiming, 752. 

Means what, 153. 

Using without owner's consent, 222. 

Horse Stealing, 

Cnarged as simple larceny, 153, 154. 
Description of animal, 154. 
Horse, includes what, 153. 
Punishment, 155. 

Hotel Keepers, etc., on Beaches, 

Life-boats and regulations, 505-510. 
Surf-bathers, protection of, 506, 510. 

Hotels. 

Checks or receipts for baggage, 634. 

House. 

Breaking, entering and stealing, 179. 
Breaking with intent to steal, 177. 
Entering with intent to steal, 177, 

180. 
Public building embraced, 180. 



Houses. 

Disorderly, 383. 
Gaming, 389, 396. 
Lewd, 382. 
Opium joints, 384. 
Tippling, 381. 

Human Bodies. See Coroner, Embalming. 
Buying or selling, 407. 
Coroner disinterring improperly, 410. 
Duties as to cemeteries, 409. 
Removal from grave, 408. 

Hunting. 

On inclosed or cultivated land, 218. 
Posting cards, 218. 
Sunday, 416. 

Husband. 

Coercion by, 38. 

Principal, when he becomes, 38. 

Witness for or against wife, 1037. 

Idiots. 

As witnesses, not competent, 1038. 
Counselors and instigators respon- 
sible, 37. 
Exempt from militia duty, 1371. 
Not competent juror, 999 (3). 
Not of sound mind, 33. 
Not responsible, 36. 

Ignorance of Law. 
No excuse, 4. 

Illegal Voting. See Elections. 
Illuminating Fluids. See Inspection of 
Oil, etc. 

Impaneling the Jury. See Jury and 

Jurors. 
Challenge for cause, 999. 
Challenge for cause, trial of, 999. 
Challenge for favor in civil causes, 

859. 
Challenge peremptory, 1000. 
Challenge to the array, 998. 
Incompetent juror set aside for 

cause, 1002. 
Mode, 862, 863, 996. 
Oath of juror, 1005. 
Panel, clerk to make three lists of, 

997. 
Panel put on prisoner, 997. 
Striking the jury, 857. 



376 



INDEX. 



Triors, no investigation before, when, 

1004. 
Voir dire, questions on, 1001. 
When juror shall be sworn to try the 

cause, 1003. 
When put on trial before the judge, 

1001, 1004. 

Impeachment of Witnesses. See Wit- 
nesses. 
Bad character, 1053. 

Sustained by proof of general good 

character, 1053. 
Contradictory statements, 1052. 

Sustained by proof of general good 

character, 1052. 
Credibility for the jury, 1054. 
Disproving facts, 1051. 
One's own witness, when party can 

impeach, 1050. 
Proof sustaining character, 1052, 

1053. 
State of feeling of the witness, 1049. 

Implied Malice. 

Constituent of murder, 60. 
Defined, 62. 

Importation and Purchase of Second- 
hand Clothing. 

Exception, 478. 
Punishment, 477. 

Impounding Animals. 

Breaking pound, 584. 
Illegally impounding, 584. 

Imprisonment, See False Imprisonment. 

Imprisonments, Successive, 

Several imprisonments to be succes- 
sive, 1067. 

Incest, 

Definition and punishment, 371. 

Indecent Bathing on the Sabbath. 
Definition and punishment, 421. 

Indictment. 

Cases of, shall be submitted to the 

jury, 981. 
Copy and list of witnesses, 970, 
Corporations, against, 963. 
Corporations, process, mode of trial, 

and judgment, 963. 



Counts, more than one, 954, 
Exceptions to form made before trial, 

980. 
Form of, 954. 

Judgment arrested, when, 980. 
Malpractice in office, 296, 295. 
"No bill," two returns, when a bar, 

955. 
Nol. pros, by solicitor-general, 801. 
Presentments treated as, 956. 

Duties of clerk and solicitor, 956. 
Quashed or nol. pros'd, 30. 
Sufficient when, 954. 
When found, 30. 

Industrial Farm. 

Age of defendant to be stated in the 

verdict, 1270. 
Bond of superintendent, 1267. 
Bound out, certain persons may be, 

1272. 
Chain-gang, no change from, 1274. 
Chaplain and other appointees, 1268. 
Competition with free labor, 1276. 
Convicts under sixteen, sent to, when, 

1270. 
County commissioners, where they 

control, 1278. 
County may establish, 1260. 
Discretion of judge as to sentence, 

1270. 
Economy to be exercised, 1275. 
Election, when and how held, 1262. 
Funds raised and appropriated, 1277. 
Inmates to be kept at work, 1273. 
Juveniles, verdict and sentence of, 

1270. 
Municipalities may establish, 1279. 
Name changed, 1260. 
No transfer from the chain-gang to 

the farm, 1274. 
Oath of superintendent, 1267. 
Purchase of site and erection of 

buildings, 1264. 
Purpose of the farm, 1263. 
Qualification of appointees, 1269. 
Rules for the management of the 

farm, 1266. 
Sentence in certain counties, 1271. 
Separation of sexes and races, 1265. 
Site, purchase of, and erection of 

buildings, 1264, 
Superintendent, his bond and oath, 

1267. 



INDEX. 



377 



Superintendent, his duties and sal- 
ary, 1267. 

Verdict, and sentence of juveniles, 
1270. 

When county may establish, 1261. 

Work of inmates regulated, 1273. 

Industrial Home. 

Enticing children from, 112. 
Harboring child from, 113. 

Infant. See Child. 

Counselors and instigators, 37. 
Sound mind, when considered of, 33. 
Under ten, 34. 

Infested Trees and Plants. 

Obstructing board of control, 482. 
Shall not sell, offer to sell, give away, 

nor transport, 481. 
Shipping before filing certificate of 

inspection, 480. 
Shipping without inspection, 479. 

Inflammable Oils. See Inspection of 
Oils. 

Influencing Governor or Head of De- 
partment. 

Punishment, 272. 

Informer. 

Fine goes to, when, 652. 

Injuring Property. 

Arsenals, armories, etc., 790. 

Bridges and dams, 750, 751. 

Coast-survey fixtures, 769. 

Fish-ponds, 772. 

Gates or fences, 767. 

House with explosives, 784-787. 

Mile or guide-posts, 765. 

Mining works, 773. 

Private burying-grounds, 771. 

Public buildings, 771. 

Public burying-grounds, 770. 

Telegraph wires or fixtures, 779. 

Trees, 764, 216. 

Turnpike and navigation fixtures, 

760. 
Vessels, 761, 762. 

Vessels, setting fire to, defined, 76.3. 
Water, poisoning, 775. 

Innkeeper. 

To give receipts or checks, 634. 



Innocence. 

Presumption, 1026. 

Inquests. See Coroner. 

Inquiry, Courts of. See Courts of In- 
quiry. 

Inquisition. 

None after capital conviction, 1073, 
1074. 

Insane Asylum. See Georgia State Sani- 
tarium, also Private Insane Asy- 
lums. 

Insanity. 

Acquitted person, how dealt with, 
977. 

Death convict becoming insane, 1074. 

Death convict committed to Sani- 
tarium, 1075. 

Death convict, resentence on recov- 
ery, 1076. 

Insane, includes what, 2. 

Lunatic, when responsible, 33, 35. 

No inquisition after capital convic- 
tion, 1073, 1074. 

No trial for offense, during, 978. 

Penitentiary convict received in San- 
itarium, 1075. 

Plea of, how tried, 976. 

Resentence on recovery, 1076. 

Restoration of acquitted person, 977. 

Sound mind, persons who are consid- 
ered of, 33. 

Insolvent Costs. See Fine and Forfei- 
ture Fund. 

Inspection, Analysis, and Sale of Cot- 
ton seed-Meal. 
Punishment, 645. 

Inspection of Fertilizers or Chemicals. 
Selling without, 643. 

Inspection of Flour, Corn, Meal, and 
Grain. 
Neglect of duty by inspector, 644. 

Inspection of Foods, Drugs, and Liquors. 
Feeding-stuffs, violating law as to, 

452. 
Obstructing inspector in collecting 

sample, 452. 
Punishment, 452. 



378 



INDEX. 



Inspection of Naval Stores. See Naval 


Hindering persons who desire to la- 


Stores. 


bor, 128. 




Preventing persons from laboring. 


Inspection of Oil and Sale of Illumi- 


126. 


nating Fluids. 




Duplicate of request for inspector, 


Interfering with Apprentices, Servants, 


638. 


Croppers, Farm Laborers, and Em- 


Inspector, clerk, or deputy, violating 


ployees. See the several titles. 


laws, 641. 


Interfering with Movements of Trains 


Sale of illuminating fluids, 639. 


or Locomotives. 


Sale of uninspected oil, 642. 


Punishment, 524. 


Use of explosive oil in passenger- 




cars, 576. 


Interfering with Religious Worship. 


Using inspector's branding device il- 


Definition and punishment, 412. 


legally, 637. 




Wrongful use of branded vessels, 640. 


Interfering with Schools. 




Punishment, 424. 


Inspectoes of Timber or Lumber. 




Clerk of others, when inspector shall 


Interpreter. 


not be, 647. 


Evidence through, 1040. 


Excessive charges for, 646. 




Failure to measure timber, 648. 


Intoxicants. See Liquors. 


Violations of timber or lumber laws. 


Alcohol, regulations as to sale and 


649. 


use of, 426-433. 




Burden of proof, 433. 


Instigating Mutiny. 


Contracting to sell, taking orders for. 


Punishment, 335. 


etc., 435. 


• 


Drunkenness in public places, 442. 


Insurance Companies. 


Manufacture and sale prohibited, 426. 


Fraudulently procuring insurance, 


Offering to sell within three miles of 


627. 


a church, 435. 


Illegally doing business, 626. 


Penalties, 426, 432. 




Prescription, certified copy, evidence, 


Insurrection. 


427. 


Attempt to incite, 56. 


Prescription, delivery of alcohol 


Circulating insurrectionary papers, 


under, 429. 


58. 


Prescription, form of, 426. 


Crime against the State, 50. 


Prescription for not more than one 


Definition, 55. 


pint, 428. 


Punishment, 57. 


Prescription, regular licensed physi- 




cian may make, 426. 


Intention. 


Prescription shall not be refilled, 428. 


Constituent of crime, 31. 


' Prescription, when filled, filed, and re- 


How manifested, 32. 


corded, 427. 


Misfortune or accident, cases of, 40. 


Prescription, when it may be made, 


Of General Assembly, 1, (9). 


420. 




Prescription, who may fill, 448. 


Interest. 


Substitutes for, 448. 


Illegally taken, 700. 


When wholesale druggist may sell 


On State money, 197. 


alcohol, 430. 




Wood, or denatured alcohol, 431. 


Interference with Employees. 




Conspiring to prevent engaging in 


Intoxicated Person. 


employment, 127. 


Not a competent juror, 999 (3). 



INDEX. 



379 



Intruding on Raileoad Tracks. 
Punishment, 521, 

Intrusion on Camp-Grounds. 

Definition and punishment, 422. 
Vending near, 423. 

Inveigling Child. 

Is kidnapping, 110. 
Punishment, 111. 

Investment Companies. 

Unlawfully transacting business, 628. 

Involuntary Manslaughter. 

Defined, 67. ^ 

Punishment, 68, 69. 

Involuntary Servitude. 

None, save as punishment for crime, 
15. 

Issue. 

Standing mute or pleading guilty, 

947. 
What constitutes, 947. 

Ttinerant Trader. 

Peddling without license, 631. 

Jailer. See County Jails, Jails in Cer- 
tain Counties. 

Appointment of jailer, 1149. 

Bond and oath, 1150. 

Coroner is keeper, when, 1151. 

Cruelty by, 286. 

Deputies in certain counties, 1136, 

1137. 
Fees, 1135. 

Fees paid monthly, 1135. 
Not bound to receive, when, 946. 
Refusing to receive prisoner, 289. 

Jails. See County Jails and also Jailers. 

Jails in Certain Counties. 

Appointment of jailers, etc., 1160. 
Bond and oath of jailer and deputy, 

1160. 
Commissioners control, 1159. 
Counties to which it applies, 1164. 
Deputies' and guards' fees, 1136, 1137. 
Expenses, how paid, 1163. 
Guards, fees in certain counties, 1136, 
1137. 



Reports made monthly, 1162, 1163. 

Salaries, 1161. 

When this takes effect, 1165. 

Jeopardy. 

But once, for same offense, 11. 

Mistrial, in case of, 11. 

New trial, on his own motion, 11. 

Joint Authority. 

Executed by majority, 1. 

Joint Offenders. 

Acquittal or conviction of one, 995. 

Continuance by one, 993. 

May elect to try separately, 995. 

State has right of severance, 995. 

Trial of, 995. 

Witnesses for each other, when, 995. 

Judge. 

Must write charges, 1056. 
Not to express opinion on facts, 1058. 
Special charges to the grand jury, 
850. 

Judgment. 

Arrest of, 980. 
Personating in, 310. 

Jurisdiction. See Sovereignty, also 
State of Georgia. 

Counties divided by water, 23. 

In counties where crime was com- 
mitted, 29. 

Judges of superior court, 792. 

Justices of the peace, 789, 790. 

Obscene and vulgar language, 388. 

Offense on boundary line of two coun- 
ties, 26. 

Offense on boundary streams, 23. 

Offense on river forming State boun- 
dary, 24. 

Offense on State line, 25. 

Of the State, extent of, 21, 22. 

Persons, as to, 22. 

Place, 21, 25. 

Superior court, 791. 

Venue may be changed, 29. 

Where crime was committed, 29. 

Wound or poison in one county and 
death in another, 27. 

Wound or poison on soil ceded to 
United States, 28. 



380 



INDEX. 



Jury and Jurors. See Grand Jury, Im- 
paneling the Jury, Petit Jurors, 
and also Special Juries. 

Age, when qualified, 999. 

Attempt, jury may find when, 1061. 

City, resident of, competent, 882. 

Compensation of jurors, 876. 

Compensation when county pays, 877. 

Compensation when not sworn, 877. 

Coroner's inquest. See Coroner. 

County interested, when it is, 881. 

Delinquent jurors dealt with, 868. 

Excused, members of legislature 
shall be, 828. 

Exemption from service, 871. 

Idiot incompetent, 999, (3). 

Ineligible at next succeeding term, 
824. 

Intoxicated persons incompetent, 999, 
(3). 

Judges of law and facts, 1069. 

Kinship as a disqualification, 999, (4). 

Knowledge of incompetency subse- 
quently discovered, 999, 

Lunatic incompetent, 999, (3). 

Member of the legislature excused, 
828. 

Misdemeanors, juries to try, 861. 

Municipal corporations, citizens qual- 
ified, 882. 

Non-residence, cause for challenge, 
999, (1). 

Numbers of jurors, 854. 

Qualification of jurors, 855, 881, 882. 

Recommendation to mercy, 1060. 

Recommendation to misdemeanor 
punishment, 1062. 

Refreshments, 884, 

Strike, plaintiff shall have first, 857. 

Tales jurors, when summoned, 867. 

Term of service, 869. 

Trial by jury, the right to, 854. 

JuRY-BoxEs. See Grand Jury and also 
Petit Jury. 

Jury Commissioners. See Grand Jury. 
Appointment, removal, and term of 

office, 813. 
Boxes, how made up, 820. 
Census evidence as to number, 816. 
Certify book list, 882. 
Clerk of the board and his oath, 817. 
Clerk of the board, his fees, 1138. 



Draw juries when judge fails, 822, 

826. 
Duty of commissioners, 815, 
Fees, 1138, 

Ineligible, who are, 814, 
Judge may order revision, 818, 
Judge may remove commissioner, 813. 
Oath, 815. 

Revision in certain counties, 816. 
Revision of jury lists, 816. 
Selection of jurors, 819. 
Violation of oath, 269. 

Jury Duty. 

Exemption from, 871. 

Justice. 

Means justice of the peace, when, 2. 

Justices of the Peace. 

Coroner, justice may act as, 1350. 
Costs paid from fine and forfeiture 

fund, 1115, 1119. 
Dockets, and what they shall show, 

297. 
Fees, 1139. 
Indictment, and proceedings against, 

296. • 
Jurisdiction in criminal matters, 789, 

790. 
Justice, means justice of peace, 2. 
Malpractice by, 295. 
Not to act when indicted, 300. 
Removal from office for malpractice, 

788. 
Report to grand jury as to books of 

predecessor, 298, 299. 

Justifiable Homicide, 

Absolutely necessary to prevent at- 
tack, 72. 

Bare fear not sufficient, 71. 

Danger must be urgent, 73, 72. 

Defense of property or habitation, 72. 
What must appear, 73. 

Defined, 70. 

Excusable and justifiable, no distinc- 
tion, 70. 

Fear must be reasonable, 71. 

Not punished, 76. 

Other instances on same footing of 
reason and justice, 75. 

Parents and children, mutual protec- 
tion by, 74. 



INDEX. 



381 



Juvenile Criminals. See Georgia State 
Reformatory, Industrial Farms, 
and also Children's Courts. 

Keep the Peace. See Warrant for Good 
Behavior. 

Kidnapping. 

Definition, 109. 
Inveigling children, 110. 
Punishment, 111. 



Killing in Defense. 
Homicide. 



See Justifiable 



Danger must be urgent, 73. 
Defined, 72. 

Killing or Maiming Cattle or Hogs. 
Definition and punishment, 752. 

Labels and Trade-Marks. See Forgery 
and Counterfeiting. 

Land. 

Conveying of forged title, 252. 

Landlords and Croppers. 

Illegal sale by cropper, 729. 
Refusal to deliver by landlord, 729. 

Landmarks. 

Altering or removing, 743. 

Larceny. 

After trust delegated, 188-196. 

Altering marks or brands, 162. 

Animals subject of, 161. 

Baled cotton, 183. 

Bank-bill, due-bill, or paper, 164. 

Bonds, etc., 164. 

Cattle-stealing, 156-158. 

Conviction a disqualification, 1077. 

Deeds or papers, 163. 

Dog, subject of, 161. 

Election returns, 165. 

Fixtures, 166, 167. 

From the house, 175, 176. 

From the person, 172-174. 

Hog-stealing, 159, 160. 

Horse-stealing, 1^3-155. 

House, from, 175, 176. 

Other animals, 161. 

Other simple larcenies, 171. 

Person, from, 172-174. 

Principal not taken, 169. 

Railroad-car, 181, 182. 



Receiving stolen goods, 168. 

Simple, 152. 

The several kinds, 151. 

Things detached from realty, 167. 

Things savoring of realty, 166. 

Where thief may be indicted, 152. 

Wrecked vessel, 170. 

Larceny After Trust Delegated. 

Administrator, 188. 

Articles for selling, 194. 

Articles to be applied to ow^ner's us6 

192. 
Bailee of goods, 189. 
Bailee of goods, failing to pay, 189. 
Bailee of goods, proceeds after sale, 

189. 
Executor, conversion by, 188. 
Guardian, conversion by, 188. 
Note, bill, etc., for collection, 193. 
Persons in store or place of trade, 191. 
Trustee converting assets, 188. 

Larceny from Railroad-Cae, etc 
Punishment, 181, 182. 

Larceny from the House. 

Breaking and entering other house 

than dwelling-house, and stealing, 

179. 
Breaking and entering other than 

dw^elling-house, and detected, 179. 
Breaking dwelling, etc., and detected, 

178. 
Definition, 175. 
Entering dwelling, etc., and detected, 

177. 
Entering hut, etc., and stealing, 182. 
Public buildings included, 180. 
Punishment, 176. 
Temporary building, entering and 

stealing from, 182. 

Larceny from the Person. 
Definition, 172. 
Punishment, 173. 
What embraced, 174. 

Lawful Employment or Occupation. 

Conspiring to prevent, 127. 
Preventing or attempting to prevent 

performing, 126. 
Property, hindering owner from us 

ing, 129. 
Punishment, 126. 



382 



INDEX. 



Laws. 

Construction of statutes, rules for, 1 
Ex post facto, 3. 
Future operation of, 3. 
Ignorance of, excuses no one, 4. 
Punishment under coexisting, 18. 
Substantial compliance with, 1, (6). 
Waiver of, 5. 

Leading Questions. 

When allowed, 1045. 

Legal Pkocess. 

Assault on officer, 311. 

Obstructing, 311, 312. 

Obstructing sentence after trial, 312. 

Levies. 

Fraudulent, 215. 

Lewd House. 

Definition, 382. 
Punishment, 382. 

Lewdness or Public Indecency. 

Definition, 381. 
Punishment, 381. 

Libel. 

Definition, 340. 

Printer, a witness, 341. 

Printer, deemed the author, when, 

341. 
Printer, punished for contempt, when, 

341. 
Punishment, 340. 
Truth given in evidence, 342. 

Liberty. 

Deprived of, only by due process of 

law, 6. 
In jeopardy only once, 11. 

License. 

Dentists practicing without, 472. 
Embalming, practicing without, 411. 
Emigrant agents, 632. 
Peddling, 631. 
Pilot, 687, 688. 



Lien. 



Deceiving as to existence, 714. 

False information as to, 613. 

For rent and advances upon crops, 

721. 



Sale of property under, 721. 
States for costs, 16, 1105. 

Life-Boats, etc. See Hotel Keepers on 
Beaches. 

Regulations, 505-510. 

Surf-bathers, protection of, 506-510. 

Life, Libeety, and Property. 

Due process of law, deprived of, only 

by, 6. 
Jeopardy, but once for same offense, 

11. 
Presumption of, continuance, 1016. 

Limitations of Prosecutions. 

Absconding, suspends statute, 30, (4). 

Concealing oneself, 30, (4). 

Death, bar in seven years, except 
murder, 30, (2). 

Exceptions, 30. 

Felonies, in four years, 30, (3). 

Indictment quashed or nol. pros'd, re- 
newed when, 30, (4). 

Misdemeanors, two years, 30 (4), 

Murder, 30 (1). 

Offense unknown, 30 (4). 

Limited Partner. 
Fraud by, 727. 

Liquors. See Intoxicants. 

Contracting to sell, 434. 

Divine worship, not carried to place 

of, 438. 
Divine worship, not to be intoxicated 

at place of, 439. 
Divine worship, not to be used at 

place of, 440. 

Divine worship, exceptions, 441. 
Furnishing habitual drunkard, 443. 
Giving or furnishing minors, 444. 
Giving or furnishing on election day, 

445. 
Giving or furnishing, exceptions as 

to physicians, 446. 
Offering to sell within three miles of 

a church, 435. 
Sanitarium, within two miles, 437. 
Soliciting the sale of, 434. 
Sunday or day-schools, carrying it to, 

436. 
Taking orders for sale of, 434. 



INDEX. 



3&3 



List of Witnesses. 

Accused person shall have, on de- 
mand, 8 (2). 

Live- Stock Inspector. 
Interfering with, 583. 

Lobbying. 

Definition, 324. 
Punishment, 325. 

Locomotives. 

Electric headlights for, 526. 
Engineers, qualifications of, 525. 
Interference with movements of, 524. 

Lotteries and Gift Enterprises. 

Carrying on a lottery, 398. 
Case against publishers, 402. 
Dealing in futures, 403. 
Not to be advertised, 401. 
Punishment, 400. 
Selling, furnishing tickets, 397. 
Tickets, selling, etc., 397. 
Trading-stamps, 404. 
Turning-wheels, 399. 

Lumber and Timber. 

Excessive charge for inspecting, 646. 
Illegally measuring, 728. 

Exception, 728. 
Inspector failing to measure, 648. 
Inspector or measurer not to be clerk 

or agent, 647. 
Tan-bark, cutting or removing, 226. 
Violating inspection laws, 649. 

Lunatics. ^ 

Counselors and instigators, 37. 
Crime, when responsible for, 35. 
Includes what, 2. 
Incompetent as a juror, 999 (3). 
Incompetent as a witness, 1038. 
Not of sound mind, 33. 
Pension, regulations as to, 1502. 
Trial of, forbidden, 978. 

Lying to Obtain Indorsees. 
Punishment, 712. 

Malice. 

Express, 61. 
Implied, 61. 



Malicious Mischief. 

Acts not enumerated, 781. 

Altering or removing landmarks, 743. 

Brealving bridges, dams, etc., 750. 

Buoys, beacons, etc., 744. 

Burning fences or crops, 745-747. 

Cruelty defined, 755. 

Cruelty to animals, 752-755. 

Cruelty to children, 758. 

Cutting down trees, 764. 

Destroying books or papers, 742. 

Digging ginseng, 778. 

Disturbing private burying-grounds, 
771. * 

Electrical companies, 783. 

Fine, disposition of, 754. 

Firing or sinking vessels, 761. 

Injuries to arsenals, etc., 780. 

Injuries to bridges and dams, 51, 750, 
751. 

Injuries to coast-survey fixtures, 769 

Injuries to fish-ponds, 772. 

Injuries to mining works, 773. 

Injuries to mile or guide-posts, 765. 

Injuries to public buildings, 777. 

Injuries to public burying-grounds, 
770. 

Injuries to telegraph wires or fixtures, 
779. 

Injuries to turnpike and navigation 
fixtures, 760. 

Injuring house with explosives, 784- 
787. 

Killing or maiming cattle or hogs, 
752. 

Leaving open or injuring gates, etc., 
767. 

Obstructing highway, 766. 

Obstructing passage of timber, 776. 

Poisoning fish, 774. 

Poisoning waters in spring, etc., 775. 

Putting children to dangerous voca- 
tions, 756, 757. 

Setting fire, defined, 763. 

Setting fire to boat, ship, etc., 762. 

Setting fire to woods, 748. 

Severing produce from realty, 768. 

Taking fence for fuel, 749. 

Threatening to burn property of an- 
other, 782. 

Malicious Prosecution. 

When prosecutor shall pay costs, 1109. 



384 



INDEX. 



Malpractice in Office. 

Definition, 295, 

Dockets of justices and notaries, 297. 

Failure to post fee bills, 30G. 

False entries or returns by justice or 
notary, 299. 

False imprisonment under color of 
legal process, 108. 

Indictment and proceedings, 296. 

Indictment, not to act pending, 300. 

Precedence given to trials, 299. 

Prosecutor, defendant, and their wit- 
nesses, may go before the grand 
'jury, 296. . 

Reports to grand juries by justices, 
etc., 298. 

Tax-collectors, etc., failing to render 
accounts, 301. 

Manslaughter. 
Defined, 64. 

Manslaughter, Involuntary. 

Defined, 67. 
Punishment, 68, 69. 

Manslaughter, Voluntary. 

Defined, 65. 
Punishment, 66. 

Maritime Laws. See Pilot. 

Aiding or inducing seaman or ap- 
prentice to desert, 694. 

Bills of lading, boat owners must 
grant, 684. 

Bills of lading, must be exhibited, 
685. 

Buoys, beacons, etc., 744. 

Certificate of seaman's discharge, 691. 

Discharging ballast in harbor, 686. 

Firing or sinking vessel, 761. 

Harboring seaman or apprentice, 695. 

Hiring, receiving, entertaining, or 
shipping seaman, 692, 693. 

Navigation fixtures, injuring, 760. 

Pilot, acting without license, 687, 688. 
Exception, 688. 

Resisting search for seaman, 690. 

Seaman failing to perform duty, 689. 

Setting fire defined, 763. 

Setting fire to ship, etc., 762. 

Marks or Brands. 
Altering, 162. 



Marriage. 

Intermarriage of whites and colored, 

prohibited, 678. 
Performing ceremony illegally, 677. 

Married Woman. 

Husband may be prosecuted, when, 

38. 
When not responsible for crime, 38. 

MARSHAL. 

Demanding more than legal rate for 

advertising, 307, 
Non-resident not appointed, 337. 

Marsh Hen. See Game. 

Masculine Gender. 

Includes feminine and neuter, 1. 

Master and Servant. 

Enticing servant away, 125. 
Interference with, 123, 126. 

Mayhem. 

Castration, 90. 

Definition, 83. 

Ear, cutting or biting off, 89. 

Eye, putting out, 86. 

Eyes, both or the only one, 87. 

Lip, cutting or biting off, 89. 

Nose, cutting or biting off, 89. 

Nose, slitting or biting, 88. 

Other instances, 92. 

Special instances, 84. 

Tongue, cutting out or disabling, 85. 

Wounding in less degree, 91. 

Meal. 

Weights to be stamped on sacks, 562. 
Exceptions, 562. 

Medical Colleges. 

Diplomas, illegally granting, 463. 
Fines go to educational purposes, 463. 
To be given in charge to grand jury, 
464. 

Medicine. 

Diplomas by medical colleges, 463. 
Illegally practicing, 462. 
Registering, failing to, 462. 

Member of the Legislature. 

Excused from service as a juror, 828. 
Free from arrest, when, 912. 



INDEX. 



385 



Menaces ok Threats. 

Not sufficient to free the person kill- 
ing, 65. 
Persons acting, under, 41. 

Mental Capacity. 

Persons considered of sound mind, 33. 

Metal Knucks. See Weapons. 

Mexican Boll-Weevil. 

Regulations as to, 483. 

Mile or Guide-Posts. 

Interfering with, 765. 

Militia, Military Affairs. See Public 
Defense. 

Millers. 

Exempt from jury duty, 871. 

Mining. 

Erecting or using machinery to pro- 
cure gold, etc., 213. 
Unlawful, defined, 212. 

Mining Works. 
Injuring, 773. 

Ministers of the Gospel. 

Exempt from jury duty, 871. 

Minors. 

Billiards, pool, or ten-pins, not to 

play, when, 406. 
Cigarettes, or substitutes not to be 

f'irnished to, 491. 
Furnishing liquors to, 444. 
Furnishing weapons to, 350. 
Gambling with, 393. 
Player compelled to testify, 395. 
Under ten years, not to be found 

guilty of crime, 34. 
Voting illegally, 664. 

MiSBRANDED FOODS, DRUGS, AND LiQUORS, 
ETC. 

Punishment, 451. 

Misdemeanor. 

Accident or misfortune, committed 

by, 40. 
Attempt to commit, punishment, 1066. 
Definition, 2, 31. v 
Limitation of prosecution, 30. 



Punishment, 1065. 
Threats, acting under, 41. 

Misdemeanor Convicts. 

Abused, no person to be, 13. 

Camps in another for quarrying, 1173. 
Machinery for such camps, 1174. 

Counties may combine, 1168. 

Counties may not hire out, 1172. 

Damage or injury to, no liability for, 
when, 1178. 

Demand for, oldest to be filled first, 
1170. 

Demands for, when lodged, 1169, 1170. 

Disposed of, how, 1166. 

Escapes, 319, 320, 322. 

Expenses, when a witness for defend- 
ant, 1183. 

Expense, when a witness for the 
State, 1182. 

Fund arising from labor of, 1124. 

How disposed of, 1166. 

Injury or damage to, no personal lia- 
bility for, when, 1178, 

Machinery for camps, 1174. 

No fees for delivering, 1171. 

Oldest demand filled first, 1170. 

Produced as witnesses, 1180, 1181. 

Rules to be prepared and published, 
1177. 

Safe-keeping, support, and employ- 
ment, 1167. 

Time shortened for good behavior, 
1179. 

When they may be hired out, 1172, 
1216. 

Whipping-bosses, 1175. 

Whipping, only when necessary,. 1176. 

White and colored not chained to- 
gether, 679. 

Work upon public roads, may be put 
to, 1166. 

Misfortune or Accident. 

When not responsible for, 40. 

Misnomer. 

Contents of plea, 979. 
Plea of, how tried, 976. 

Mistrial. 

Jeopardy after, 11. 

Mob Violence. See Public Defense. 
Duty of peace officers, 362. 



386 



INDEX. 



Failure of officer to try to suppress, 


Assault with intent to murder, 97. 


363. 




Ba!r, no time attaches, 30. 


Failure to assist officer, 364. 




Defined, 60. 


Firearms, person summoned, to bring, 


Express malice, 61. 


365. 




Malice implied, 62. 


Posse, officer may summon, 362 




Punishment, 63. 
Recommendation of mercy, 63. 


^ Month. 

Means calendar month, 2. 




Recommendation, where not author- 
ized, 63. 


Scholastic month an exception, 

Morphine. 

' Sale regulated, 458. 


2. 


Mutiny in Penitentiary. 

Definition, 334. 
Instigating, 335. 


Mortgaged Property. 




Witnesses, convicts may be, 336. 


Wrongful sale of, 720. 




Mutual Protection. 


Motion in Arrest of Judgment. 




Parents and children, 74. 


Matter must affect real merits ( 


Df the 


Name. 


offense, 980. 




Illegal use of name or seal, 257, 258. 


Mountain Trout. 




Punishment, 257, 258. 


Seining or netting, 609. 




Narcotic Drugs. 


Mowing-Machines. 

Regulations as to, 467. 




Regulations as to sale, and punish- 
ment, 459. 


Mule. 




Native Gold, Bullion, etc. 


Using without owner's consent, 


222. 


Purchaser, failing to comply with 
law, 699. 



Municipal Corporations. 

Courts of, may commit offenders, 952. 
May have reformatory prisons, 1280. 
Voting illegally at municipal elec- 
tions, eee. 

Municipal Farms or Other Places of 
Confinement, 

Classification of prisoners, 1285. 

Confirmed offenders disposed of, 1287. 

Design of rules, 1284. 

Escapes, 1288. 

Establishment of farms or other 
places authorized, 1280. 

Minor misdemeanors, juvenile offen- 
ders, 1282. 

Municipal and county authorities 
may make rules, 1283. 

Parole or conditional pardon, 1286. 

Persons temporarily out of work ad- 
mitted, 1289. 

Rules and regulations, 1281. 

Vagrants admitted, 1289. 

Murder. 

Advisers to kill infants in womb, 77. 



Naval Stores. See Turpentine. 
Charges for inspection, 651. 
Fraudulent brands, 653. 
Informer gets half the fine, 652. 
Inspector to be disinterested, 650. 
Interfering with brand, 652. 

NAVIGATION Fixtures. 
Injuring, 760. 

Negligence. 

Constituent of crime, 31. 
Criminal, defined, 117. 
Punishment, 117. 

Neuter Gender. 

Included in masculine, 1 (3). 

New Trial. 

Acquittal, none granted on, 1082. 
Application, after the term, 1091. 
Application to be made during the 

term, 1090. 
Application to be made within thirty 
days from the trial, when, 1090. 



INDEX. 



387 



Brief of evidence, its contents, 1094. 

Discretion of judge as to, 1089. 

Erroneous charge, 1087. 

Evidence illegally admitted or re- 
jected, 1086. 

Extraordinary cases, 1090, 1091. 
One such motion allowed, 1091. 

Motion, when it must be made, 1090, 
1091. 

Newly discovered evidence, 1088. 

None on acquittal, 1082, 

Other grounds not provided for, 1089. 

Power to grant, on conviction, is pre- 
served, 1083. 

Refusal to give request, 1087. 

Rule nisi, not a supersedeas, 1093. 

Rule nisi, served, 1092. 

State not entitled to, 1082. 

Supersedeas, judge may grant, 1093. 

Time when motion must be made, 
1090, 1091. 

Verdict contrary to evidence and 
principles of justice and equity, 
1084. 

Verdict decidedly and strongly 
against the weight of evidence, 
1084. 

Nitroglycerin. 

Destroying or injuring house with, 

784-787. 

"No Bill." 

Two returns of, when a bar, 955. 

Nolle Prosequi. 

Gaming bill nol pros'd, no fees, 1127. 
Solicitor-general may enter, 801. 
When and how allowed, 982. 
When new indictment may be found, 
30 (2). 

NoN Compos Mentis. 
Includes what, 2. 

Notary Public. 

Costs paid from fine and forfeiture 

fund, 1119. 
Dockets, separate, to be kept of civil 

and criminal cases, 297. 
Dockets, what they shall show, 297. 
Not to act when indicted, 300. 
Reports to grand jury, 298. 
Reports to grand jury, failure to 

make, 299. 



"Not Guilty." 

Arraignment and "not guilty" consti- 
tute general issue, 972. 

May be filed after demurrer and spe- 
cial plea overruled, 975. 

When filed for corporation, 9C3. 

Nuisances. 

Definition, G81. 
Punishment, 681. 

Number. 

Days, number of, how computed, 1 

(8). 
Singular or plural includes each 

other, 1 (4). 

Nursing. See Professional 'Nursing. 

Oatpi. 

Affirmation, oath includes, 2. 

Bailiff of petit juries, 883. 

Bailiff to grand jury, 832. 

Failure of officer to take, 273. 

Failure of salesman to take, 274. 

Failure of scalesman to take, 274. 

Failure of tax-collector to take, 27G. 

Grand jurors, 829. 

Includes affirmation to, 2. 

Jailer's oath, 1150. 

Jury commissioners, 815. 

Petit jurors in civil cases, 853, 860. 

Petit jurors in criminal cases, 1005. 

Prison commissioners, 1187. 

Special juries, 853. 

Voter's, to be actually administered, 

278, 661. 
Witnesses before grand jury, 838. 
Witnesses in criminal cases, 1006. 

Obscene and Vulgar or Profane Lan- 
guage. See Abusive or Obscene 
Language. 

Definition of crime, 387. 
Indictment or presentment when nec- 
essary, 388. 
Jurisdiction, 388. 
Use of, in presence of females, 387. 

Obscene Pictures and Prints. 

Prints, 386. 

Use of pictures, 385. 

Obstructing Highway. See Highioay, and 
also Road. 
Punishment, 766. 



388 



INDEX. 



Obstructing Legal Process. 

Assaulting officer for serving process, 

311. 
Assaulting officer in serving process, 

311. 
Sentence or order after trials, 312. 

Obstructing Passage of Timber. 
Definition, 776. 

Obtaining Goods, etc, on False Writing. 
Counterfeit letter or writing, 249. 

Office. 

Selling or farming out, 285. 
Wlien conviction disqualifies from, 
1077. 

Officers. See PuMic Officers. 

Joint authority executed by majority, 
1 (5). 

Official Oath. See Oath. 

Failing to take and file, 273. 

Oil. See Inspection of Oil and Sale of 
Illuminating Fluids, also Explo- 
sives. 

Oleomargarine. 

Notice to guests, 560. 
. Sale without branding and notice, 
559. 

Opinions. 

Experts, 1048. 

Judge not to express on facts, 1058. 

Witnesses may give, when, 1047. 

Opium. 

Sale regulated, 454, 460. 

Opium Joints. 

Definition and punishment, 384. 

Opossum. 

Closed season, 590. 

Opprobrious Words. 

May justify assault and battery, 103. 
Use of, punished, 387, 388. 

Order of Argument. 
Prescribed, 1055. 



Ordinaries. See Pensions. 

Advertising, demanding more than 

legal rate, 307. 
Discharge of insolvents from jail, 

1108. 
Fees, 1142. 

Letting contracts illegally, 283. 
Malpractice by, 295, 296. 
Reformatory prison, raising funds 

for, 1277. 

Osteopathy. 

Fraudulently practicing, 470. 

Overcharges. 

By railroad officials, 730. 

Overseer of Roads. 

Failing to do his duty, 541, 542. 

Owners of Property. See Carcasses of 
Dead Animals. 

Counties in which of force, 487. 

Dead animals and fowls must be 
buried, 485. 

Hindering owner from working prop- 
erty or hiring laborers, 129. 

Stale and decaying matter must be 
buried, 486. 

Oysters. 

Beds not procured by non-residents, 

when, 620, 610. 
How taken, 618. 

Exceptions, 619. 
Non-residents shall not take to sell, 

610. 
Not to rough take, 616. 

Exception, 616. 
Removing from private bed, 617. 
Removing marks, 617. 
Time for taking, 615. 
Tonging or catching at night, 621. 

papers. 

Stealing or destroying, 163, 164. 

Parades, Order at. See Public Defense 
Commanders may confine disturbers 

of, 353. 
Commanding officer may arrest dis- 
turber of, 351. • 
Interfering with officer or soldier on 
duty, 352. 



INDEX. 



389 



Pardons. See Board of Pardons. 

Governor may grant, 1078. 
Report of Governor to General As- 
sembly, 1078. 

Parents and Children. 

May mutually protect each other, 74. 

Partner Limited. 
Fraud by, 727. 

Partridges. See Game. 

Passenger-Cars. 

Use of explosive oils in, 51G. 

Passengers Remaining in Car Other 
than that Assigned. 

Punishment, 536. 

Past Tense. 

Includes the future, 1 (2). 

Patent or Proprietary Rights. 

Notes for, must express considera- 
tion, 635. 

Pauper. 

Failing to give bond to support, 683. 

Peace-officers and Detectives. 

Acting without authority, 338. 
Citizens only to be appointed, 337. 
Not apply in time of riot, 338. 
Not apply to conductors, when, 338. 

Peace Warrants. See Warrants for Good, 
Behavior and to Keep the Peace. 

Bonds to keep the peace, 1320. 

Breach of the bond, 1321. 

Breach of the bond provoked by other 

party, 1322. 
Extending the bond, 1323. 
"Wife may require bond, 1324. 

Peddling Without a License. 
Punishment, 631. 

Penalties. 

Compounding, 329. 

Penitentiary. See Prison Commission, 
Board of Pardons, and also Peni- 
tentiary Camps. 

Penitentiary Camps. 

Arrest and resisting arrest, 1235. 



Guard-lines to be established at 

camps, 1231. 
Guard-lines, when they shall not be 

passed, 1232. 
Loitering prohibited, 1234. 

Punishment, 1236. 

Traffic with convicts prohibited, 1233. 



Pensions. 



Aged and infirm Confederate Soldiers, 

1485. 
Aged and infirm, additional proof may 

be demanded, 1488. 
Aged and infirm, already enrolled, not 

entitled to additional pension, 1489. 
Aged and infirm, application, what it 

shall show, 1486. 
Aged and infirm, ordinary's certificate 

as to proof, 1487. 
Aged and infirm, proof in support of 

his claim, 1486, 
Aged and infirm, subsequent pay- 
ments, how procured, 1490. 
Clerk of commission, his salary, 1482. 
Clerk transmits grand jury report, 

1496. 
Commissioner, duties of, 1474, 1508, 

1509. 
Commissioner, election of, 1468. 
Commissioner, election of, how held, 

1469. 
Commissioner, election of, when held, 

1470. 
Commissioner, not to exercise power 

of attorney, 1476. 
Commissioner, oflice, duration of, 

1472. 
Commissioner, office open to inspec- 
tion, 1480. 
Commissioner, report annually to 

Governor, 1475. 
Commissioner, ruling subject to 

change by Governor, 1481. 
Commissioner, salary, 1471. 
Commissioner, shall check ordinaries' 

lists and issue warrant, 1508. 
Commissioner shall furnish blank 

vouchers and forms, 1508. 
Commissioner shall furnish ordinary 

with pension lists, 1477. 
Commissioner shall pass on all 

claims, 1477. 
Commissioner, vacancy in office, 1473. 



390 



INDEX. 



Compensation, fees in indigent cases, 
how paid, 1512. 

Compensation, fees in other cases, 
how paid, 1513. 

Compensation, in reference to pen- 
sions, prohibted, 1514. 

Compensation of ordinary, 1511, 1512, 
1513. 

Confederate Soldiers' Home, inmate 
not to draw, 1518. 

Construction of section as to widows, 
1492. 

Cost of roll-book and making record, 
1479. 

Embezzlement of pension money, 185. 

Fees of ordinary, 1511, 1512, 1513. 

Garnishment, exempt from, 1495. 

Grand jury shall examine list and 
make report, 1496. 

Inspection, office open to, 1480. 

Lunatic, ordinary notifies commis- 
sioner, 1503. 

Lunatic, when a pensioner becomes, 
1502. 

Lists, commissioner shall furnish 
ordinaries with, 1477. 

Lists, duty of ordinary as to, 1478. 

Lists, furnished by ordinary to com- 
missioner, 1507. 

Lists, grand jury shall examine, 1496. 

Lists, ordinary shall record lists fur- 
nished by commissioner, 1478. 

Maimed and infirm Confederate sol- 
diers, 1483. 

Maimed and infirm, method of ob- 
taining pension, 1484. 

Office open to inspection, 1480. 

Ordinary, afiidavits certified to, 1484. 

Ordinary, application blanks furnish- 
ed to, by commissioner, 1498. 

Ordinary, applications sworn to be- 
fore him, 1486, 1498. 

Ordinary, certificate as to proof, 1487, 
1498. 

Ordinary, certificate as to residence, 
1493. 

Ordinary, fees of, 1511, 1512, 1513, 
1498, 1514. 

Ordinary, lists, duty as to, 1478. 

Ordinary, lists furnished by commis- 
sioner, 1477. 

Ordinary, lists furnished to commis- 
sioner, 1508. 



Ordinary, lists of, checked by com- 

sioner, 1508. 
Ordinary, lunatics, notifies commis- 

soner of, 1503. 
Ordinary, paid to him, when, 1504. 
Ordinary pays pensioners, when, 
1510. 

Ordinary, treasurer's check, duty as 
to, 1510. 

Ordinary, treasurer's check payable 
to, 1509. 

Paid, how and when, 1506. 

Paid, to ordinary, when, 1504. 

Paid, to widow of pensioner, when, 
1505. 

Paid, when, 1506. 

Power of attorney, commissioner not 
to exercise, 1476. 

Report, annually to the Governor, 
1475. 

Roll-book, cost of, and making record, 
1479. 

Roll-book, examined by grand jury, 
1496. 

Roll-book, ordinary shall record rolls, 
1478. 

Salary of clerk, 1482. 

Salary of commissioner, 1471. 

Salary of stenographer, 1482. 

Soldiers and widows, resident at cer- 
tain dates, 1501. 

Stenographer, salary, 1482. 

Treasurer's check, duty of ordinary, 
1510. 

Treasurer's check payable to ordi- 
nary, 1509. 

Vacancy in office, 1473. 

Warrant of commissioner, 1508. 

Widows, aged, infirm, etc., 1497. 

Widows, aged, infirm, etc., blanks and 
f)roof, 1498. 

Widows, aged, infirm, etc., former ap- 
plication as proof, 1500. 

Widows, aged, infirm, etc., hus- 
band's papers evidence for, 1499. 

Widows of Confederate soldiers, 1491. 
Construction of section, 1492. 
Evidence to be furnished, 1493. 

Widows of deceased pensioners, 1494. 
Proof required, 1499, 1500. 

Widows, resident at certain dates, 
1501. 

Widows, when paid to them, 1505. 



INDEX. 



391 



Pension Applications. 

Fees for assisting or representing 
pensioner, prohibited, 1514. 

Pension Rolls. See Pensions. 
Grand jury examines, 1496. 

Perjuey. See False Swearing. 

Causing death or conviction, 259. 
Contractor making false affidavit, 

266. 
Definition, 259. 

False witness causing death, 265. 
Jury commissioners and clerks, 269. 
Punishment, 260. 
Subornation of, 263. 
Subornation of, punishment, 264. 
Tax-collectors, weekly report by, 268. 
Taxpayer making false oath, 267. 
Witnesses, number necessary, 1078, 

1017. 

Person. 

Includes corporation and person of 

color, 2. 
Larceny from, 172. 

Person of Color. 

Included in person, 2. 

Personalty. 

Things detached from realty, become, 
167. 

Personating Another. 

As witness, or otherwise, 711. 
By name, to an instrument, 248. 
Falsely, 710. 
Voting at primary, 670. 

Personating in Bail, etc. 

Definition and punishment, 310. 

Petit Jurors *.nd Juries. See Juries and 
Jurors. Grand Jury, and also Im- 
paneling the Jury. 

Book lists, 821. 

Box, made up, 820. 

Box or list supplied, when destroyed, 
872. 

Challenge for favor in civil cause, 
859. 

Compensation, 876, 878. 

Compensation, when not sworn, 879. 
When paid by the county, 877. 

Delinquent jurors, 868. 



Drawn by judge in term time, 823, 

856. 
Drawn, court may adjourn and have 

it done, 874. 
Drawn, for city courts, 864, 865. 
Drawn, separate panels for each 

week, 866. 
Drawn, special emergencies, 875. 
Drawn, when judge fails to draw, 

jury commissioners may draw, 822. 
Exemptions from service, 871. 
Felonies, 862. 

Legislature, member of, excused, 828. 
Misdemeanors, 861. 
Municipal corporations interested, 

882. 
Number in other courts, 854. 
Oath in civil cases, 860. 
Oath in criminal cases, 1005. 
Oath of bailiffs, 883. 
Panels made up, 857. 
Panels, parties entitled to full, 858. 
Panels, regular can not be had, 863. 
Precept lost or destroyed, 873. 
Qualification, 855, 881, 882. 
Refreshments, 884. 
Revision of lists, 816, 818. 
Stand over when court fails, 880. 
Striking the jury, 857. 
Summoned, 856, 827. 
Tales, when summoned, 867. 
Term of service, 869. 
Term of service of tales, 870. 
Trial by, remains inviolate, 854. 
When court fails, jurors stand over, 

880. 
Who are ineligible, 824, 

Name returned to the box, 825. 

Pharmacy. 

Compounding and vending drugs il- 
legally, 460. 

Half of fine to board of pharmacy, 
461. 

Pheasants. See Game. 
Closed season, 586. 

Phosphate Rock. 

Digging on State's property, 201. 

Physicians. See Intoxicants and Pre- 
scriptions. 
Exempt from jury duty, 871. 



392 



INDEX. 



Liquor furnislied by, 441. 
Prescriptions by, 427, 428, 429. 
Prison commission may appoint, 1191. 

Picklocks. 

Having possession of, 680. 

Picnics. 

Shooting at, 515. 

Pilot. See Maritime Laws. 

Exemption from jury duty, 871. 
License, acting as pilot without, 687. 

Exception, 688. 
Quarantine duty, 499. 

Planters. 

Failing to pay for farm products, 551. 

Plants. See Infested Trees and Plants. 

Pleas. See Arraignment. 

Demurrer to be in writing, 975. 
Entered on indictment, 974. 
Guilty, may be withdrawn, 971. 
Guilty, not given in evidence, 971. 
Guilty, on arraignment, 971. 
Insanity, how tried, 976. 
Issue is made by the plea, 973. 
Misnomer, what it shall state, 979. 
Not guilty, 972. 
Not guilty, relied on when demurrer 

or special plea is overruled, 975. 
Recorded, 972, 973. 
Special, to be in writing, 975. 
Standing mute, 972. 

Plundering or Stealing from Wrecked 

Vessels. 
Punishment, 170. 

Plural Number. 

Includes singular, 1 (4). 

Pointing Weapons at Another. 

Definition and punishment, 349. 

Poisoning Fish. 

Punishment, 774. 

Poisoning Water. 
Punishment, 775. 

Poisons. ' 

Druggist must keep book of sales, 
455. 



Inspection, books subject to, 455. 
Morphine shall be wrapped and la- 
beled, 458. 
Prescriptions, 456. 
Punishment, 457. 
Sale regulated, 454-458. 

Policemen. 

Captains of steamboats, as, 929, 930. 
Ck)nductors of railroads, as, 925, 926. 
Exemption from jury duty, 871. 
Non-resident, not appointed, as, 337. 
Places of worship, police at, 928. 
Without authority acting as peace 
officer, 338. 

Polygamy. See Bigamy. 

Definition of, 367. 
Punishment, 368. 

Pool, Billiards, or Ten-Pins. 
Minors not to play, 406. 

Pork. 

Putting dirt or rubbish in pacKage, 
759. 

Positive and Negative Testimony. 
Relative value of, 1011. 

Posse. 

Summoned to prevent mob violence, 
362. , 

Post Mortem Examinations. See Co7-c- 
ner. 

Pounds. 

Illegally impounding or breaking a 

pound, 584. 
Punishment, 584. 

Powder. See Explosives. 

Practicing Medicine or Surgery. 

Illegally, 462. 

Preceding and Aforesaid. 
Meaning, 2. 

Prescriptions. See Physicians, and In- 
toxicants. 

Present Tense. 

Includes the future, 1 (2). 



INDEX. 



393 



Presentments of Grand Jury. See In- 
dictment. 

General, publislied, 851. 

Special, treated as indictments, 756. 

Preservation of Order at Parades. See 
Parades, and also Putlic Defense. 

Presumptions. See Evidence. 

Bank insolvency deemed fraudulent, 

204. 
Bank officer, against, 203, 204. 
Concealment of child's death, 78. 
Defined, 1009, 1014. 
Fact, presumption of, defined, 1014. 
Failure to produce evidence, 1015. 
Guilt, rebuttal by proof, 1016. 
Innocence, presumption of, 1016. 
Jury, presumptions of fact, are for, 

1014. 
Life, continuance of, 1016. 
Mental state once proved to exist, 

1016. 
Of law, defined, 1014. 
Prima facie -presumptions, 1016. 

Primary Elections. See Elections. 

Buying or selling votes at, 675. 

Party participating, a competent 

witness, 676. 
Definition of primary, 447. 
Fraud in manager, 669. 
Manager or clerk of superior court 

violating duty, 667, 668. 
Personating another, 670. 
Selling liquor at, 445. 
Voter swearing falsely, 670. 
Voting illegally, 678. 

Principals, in First and Second Degree 

Defined, 42. 

Constructive presence, 42. 
Drunkenness, one causing, 39. 
First degree, definition, 42. 
Husband coercing wife, is liable as, 

38. 
Infants, advising to kill, 77. 
Second degree, definition, 42. 

Punishment, 43. 
Threats, compelling another by, 41. 

Printer. See Libel. 

Prison. 

No person to be abused in, 12. 



Prison Commission. See Board of Par- 
dons, Mutiny, and also Penitentiary 
Camps. 

Abstract of title, and maps, 1203. 

Advertisements for land, 1203. 

Annual report of commissioner, 1220. 

Appointment and election of com- 
missioners, 1185. 

Bond of commissioners, 1187. 

Bond of wardens, 1197. 

Books and office supplies, 1189. 

Clerks to notify commission of con- 
victions, 1219, 1080. 

Commissioners, appointment and elec- 
tion, 1185. 

Commutation for good behavior, 1221. 

Contracts for transportation, 1203. 

Convicts, causing them to work on 
Sunday, 420. 

Convicts confined in jail until sent 
for, 1079. 

Convicts, every county may have its 
quota, 1208. 

Convicts not taken by counties nor 
municipalities, 1212. 

Convicts sent to and confined in the 
penitentiary, 1081. 

Convicts who shall not be hired out, 
1203. 

Counties, excess prorated among, 
1210. 

Counties may combine for working 
roads, 1207. 

County convict farms authorized,. 
1218. 

County convict farms, products how 
used, 1218. 

Discretion as to employment and 
awarding convicts, 1201. 

Duties of the commission, 1199. 

Election of commissioners, 1185. 

Employees, power to discharge, 1198. 

Equipments may be purchased, 1204. 

Escapes, expenses of trial for, paid 
by the State, 1230, 323. 

Every county may have its quota, 
1208. 

Excess of convicts prorated among 
counties using convicts, 1210. 

Expenses of commissioners, 1188. 

Farm, certain convicts to be placed 
on it, 1205, 1215, 1229. 



394 



INDEX. 



Farm, for what purpose used, 1214, 
1215. 

Farms, county convict authorized, 
1218. 

Farms, county convict, products how 
used, 1218. 

Farm, purchase and control of, 1203. 

Felony convicts, how disposed of, 
1207. 

Good behavior, commutation for, 
1221. 

Guards and wardens appointed, and 
duties defined, 1192. 

Guards and wardens, salaries, char- 
acters, and qualifications, 1193. 

Harboring escaped convicts, 327. 

Hire of convicts, funds how used, 
1217. 

Hiring of convicts to municipalities, 
1211. 

Insane convicts taken to State farm, 
1229. 

Inspection by the commission, 1202. 

Lease or purchase of land for work- 
ing convicts, 1213. 

Male and female kept separate, 1203. 

Male felony convicts, how disposed 
of, 1207. 

Minors and aged or diseased con- 
victs, 1203. 

Minors kept separate, 1203. 

Misdemeanor convicts, supervision 
of, 1199. 

Misdemeanor convicts, when they 
may be hired out, 1216. 

Municipalities, when convicts may be 
hired to, 1211, 1217. 

Mutiny. See that title, 334-336. 

Oath and bond of commissioners, 
1187. 

Oath and bond of wardens, 1197. 

Oath of physician, 1197. 

Office in capitol, 1189. . 

Officer or employee not to be inter- 
ested in labor of convict, 1196. 

Officers, power to appoint, 1191. 

Office supplies of commission, 1189. 

Office, terms of commissioners, 1186. 

Physicians not prohibited from reg- 
ular practice, 1196. 

Physicians, power to appoint, 1191. 

Powers and duties of commission, 
1199. 



Punishment, unauthorized person not 
to inflict, 105. 

Purchase or lease of lands for work- 
ing convicts, 1213. 

Quota, every county may have, 1208. 

Races kept separate, 679, 1201, 1203. 

Railroads, contract with for facili- 
ties, 1203. 

Record of convictions and sentences 
to be kept by commission, 1219. 

Refusing to receive convict, 290. 

Reports by clerks to commission, 
1219. 

Reports made annually by commis- 
sion, 1220. 

Roads, counties may combine for 
working, 1207. 

Road working forces, when equipped 
and how used, 1209. 

Rules and regulations for govern- 
ment of convicts, 1220. 

Salaries and expenses of commission, 
1188. 

Salaries of officers and physicians, 
1191. 

Sanitary rules and disinfection of 
quarters, 1200. 

Secretary of commission, duties and 
salary, 1190. 

Separation of convicts under fifteen, 
1203. 

Separation of male and female, 1203. 

Separation of white and colored, 1201, 
1203, 679. 

State farm, for what purpose used, 
1214, 1215. 

Stockades and buildings, 1203. 

Sunday, causing convict to work on, 
420. 

Superintendent of farms, duties and 
compensation, 1215. 

Supervisors, duties and salaries, 
1194, 1195. 

Surplus products and funds of peni- 
tentiary, how disposed of, 1206. 

Terms of office of commissioners, 
1186. 

Vacancies in office of commissioner, 
1186. 

Violations of this article, how pun- 
ished, 1196, 1216. 

Wardens appointed by the commis- 
sion, 1192. 



INDEX. 



395 



Wardens, bond and oath of, 1197. 

Wardens, not to be interested in con- 
vict labor, or profits of labor, 1196. 

Wardens, not to receive gifts, etc., 
1196. 

Wardens, their salaries, character, 
and qualifications, 1193. 

When and by whom a violation of 
this article shall be a misdemeanor, 
1196. 

Prisonee. 

Officer refusing to receive, 289, 290. 

Prisoner's Statement. 

Cross-examination, prisoner not com- 
pelled to submit to, 1036. 
In all criminal trials, 1036. 
In courts of inquiry, 935. 
Oath, not to be under, 1036. 
Weight of, 1036. 

Private Burying-Grounds. 
Disturbing, 771. 

Private Insane Asylum. 

Imprisonment of sane person, 575. 
Letters of inmates protected, 574. 

Process. 

Obstruction of, 311, 312. 

Process Against Corporations, and Mode 
OF Trial. 

Clerk to issue copy, 963. 
Judgment, 963. 
Pleading, 963. 
Service, 963. 

Produce. 

Severing from realty, 768. 

Professional Nursing. 

Practicing unlawfully, 474. 

Profession, Practicing Illegally. 

Medicine or surgery, punishment, 462, 
Penalty for failing to pay special tax, 

476. 
Practicing after return of nulla bona, 

476. 
Veterinarian, 475. 

Prohibition. See Intoxicants. 

Offering to sell liquor within three 
miles of a church, 435. 



Promise of Secrecy. 

Confession under, 1033 

Property. 

Hindering owner from using, 129. 

Includes real and personal, 2. 

No one to be deprived of, except by 

due process of law, 6. 
State's property or money, 195-201. 

Prosecutions. 

Limitations, 30. 

"No bill," two returns of, a bar, 955. 

Prosecutor. 

Liable for costs, when, 1109. 
Limitation of prosecutions, 30. 
Name, when on Indictment, 1109. 

Provisions. 

Putting dirt or rubbish in, 709. 

Provocation. 

Opprobrious words, may justify as- 
sault and battery, 103. 

Words, threats, etc., will not free the 
person killing, 65. 

Public Buildings. 

Grand jury shall inspect, 845, 
Included in larceny class, 180. 
Injuries to, 777. 

Public Convenience. 

Regulation as to, 529-548. 

Public Defense. 

Absence of officers or men, excuses 

for, 1405. 
Active militia, who compose, 1375. 
Active service. Governor may order 

militia into, 1376. 
Active service, pay for, 1419. 
Act of Congress, organizations not 

subject to, 1449. 
Adjutant-general, annual reports of, 

1362. 
Adjutant-general, assistants, such as 

may be necessary, 1362. 
Adjutant-general, bond may be re- 
quired of him, 1362. 
Adjutant-general, duties of, 1362. 
Adjutant-general, head of the militia 

department, 1362. 
Adjutant-general, salary of, 1362. 



396 



INDEX. 



Adjutant-general's department, what 

it consists of, 1367. 
Advisory boards and other militia 

boards, 1461. 
Aides-de-camp, their duties, 1369, 
Appeals from elections, 1387. 
Appointment of general officers of the 

line, 1383, 1386. 
Armed military force from another 

State, 1418. 
Arms belonging to the State, selling, 

200, 1430. 
Arms, equipment, and other supplies, 

provided, 1428. 
Arrest, militiamen exempt from, 913. 
Arrests for disorder at parades, etc., 

351-353. 
Articles of war and army regulations, 

1459. 
Assaulting troops, 1439. 
Assessment rolls and poll lists may 

be examined, 1374. 
Assistants, etc., adjutant-general may 

have, 1362. 
Attendance at drills, etc., 1406. 
Bars, when awarded, 1460. 
Battalion corresponds to National 

Guard battalion, 1445. 

May organize and adopt by-laws, 

1445. 
Board of examination, 1389, 1388. 
Board, retiring, 1392. 
Bond, Governor may require of adju- 
tant-general, 1362. 
Calls for reserve militia, 1378. . 
Camp-ground, trespass on, 1446. 
Camps of instruction, 1402. 
Change of venue, 1457. 
Chiefs of staff departments, duties of, 

1365. 
Citizens, duty of, when shot is fired, 

1440. 
Civil officers, order of, 1435, 1458. 
Civil process, exemption from, 1414. 
Civil process, reports to Governor, 

1456. 
Combinations to oppose enforcement 

of law. See Riots, Mo'bs, etc. 
Commander-in-chief, Governor is, 

1360. 
Company, applies to what, 1377. 
Confederate flags, duty of Governor, 

1425. 



Confederate flags, presentation of, 
1424. 

Congress, organizations not subject 
to Act of, 1449. 

Courts-martial, 1407-1412. 

Courts-martial, constitution and pro- 
ceedings, 1407. 

Courts-martial, convicts, disposition 
of, 1410. 

Courts-martial, discharge or expul- 
sion, effect of, 1411. 

Courts-martial, immunity of officers, 
1408. 

Courts-martial, jurisdiction presum- 
ed, 1409. 

Courts-martial, penalties, how en- 
forced, 1412. 

Definition of organizations, 1377. 

Departments, officers organized into, 
1364. 

Deserters, 1379. 

Disbanded for want of care of prop- 
erty, 1428. 

Discharge of enlisted men, 1400. 

Discharge of officers, 1393. 

Discipline, 1403. 

Disperse, failure to obey order, 1437. 

Dispersion of mob, 1436. 

Donations, Governor may accept, 1432. 

Dress uniforms, 1421. 

Drills, attendance at, 1406. 

Drills, officers and men shall assemble 
for, 1401. 

Duty of citizens when shot is fired, 
1440. 

Elections of officers, 1386. 

Elections of officers, appeals from, 
13.87. 

Elections of officers, boards of ex- 
amination, 1389. 

Emergency, power of judge, sheriff, 
or mayor, 1435, 1458. 

Encampment, attendance at, 1406. 

Enlisted men, discharge of, 1400. 

Enlisted, who may be, 1395. 
Re-enlistments, 1396. 

Enlistment oath, 1397. 

Enrollment, Governor may order, 
1372. 

Enrollment, notice of, 1373. 

Equipment, how provided, 1428. 

Examination of officers, 1388. 

Excuses for absence, 1405. 

Exemption from civil process, 1414. 



INDEX. 



39T 



Exemptions from, claims of, 1373. 

Exemptions from militia duty, 1371. 

Exemptions from road duty, jury, and 
street tax, 1413. 

Expenses of militia, how paid, 1416. 

Fines and penalties, returns of, 1453. 

Flag of the State, description of, 1426. 

Flags, Confederate, presentation and 
care of, 1424, 1425. 

Foreign forces entering the State, 
1418. 

Georgia Volunteers, consists of what, 
1463. 

Georgia Volunteers, elegible to mem- 
bership, who are, 1464. 

Georgia Volunteers, expenses inci- 
dent to service, 1467. 

Georgia Volunteers, Governor to regu- 
late and control, 1465. 

Georgia Volunteers, may be attached 
to National Guard brigades, 1466. 

Georgia Volunteers, what laws sub- 
ject to, 1467. 

Governor, duty as to Confederate 
flags, 1425. 

Governor, duty as to riots, etc., 1434. 

Governor is commander-in-chief, 1360. 

Governor may accept donations, 1432. 

Governor may make necessary regu- 
lations, 1368. 

Governor may order enrollment, 1372. 

Governor's military staff consists of 
what, 1361. 

Incorporated commands, 1448. 

Inspection of property and records, 
1382, 1428. 

Inspection of troop battery and com- 
pany, 1401. 

Instruction camps, 1402. 

Instruction of officers and men, 1401. 

Insurrection. See Mohs, etc. 

Insurrection, means to suppress, 1433. 

Insurrection, when Governor may de- 
clare state of, 1433. 

Judge, when he may order out mili- 
tia, 1435, 1458. 

Jury duty, exemption from, 1413. 

Killing rioters, when allowed, 1438. 

License of the Governor, when neces- 
sary, 1447. 

Mayor, duties and powers of, 1435. 

Medals and bars, 1460. 

Medical department, 1367. 

Military aides-de-camp, 1369. 



Military fund, 1415. 

Militia divided into two classes, 1375. 

Militia, expenses of, how paid, 1416.. 

Militia, who compose it, 1370. 

Mobs. See Riots, Mob Violence. 

Music, 1452. 

Names of organizations, 1451. 

National Guard, how composed, 1381. 

National Guard, how organized, 1381. 

Naval militia, 1442-1445. 

Naval militia, artillery division, 1443. 

Naval militia, battalions to corres- 
pond to National Guard, 1445. 

Naval militia, duty and pay of offi-^ 
cers and men, 1444. 

Naval militia, officers, how elected or 
appointed, 1442. 

Naval militia, officers, who shall be, 
1442. 

Naval militia, part of active militia,. 
1375. 

Naval militia, torpedo division, 1443. 

Naval militia, when and where organ- 
ized, 1442, 1443. 

Non-commissioned staff officers, 1394.. 

Oath of officers, 1390. 

Oath of person enlisted, 1397. 

Oaths, officers may administer, 1454. 

"Officer," the word applies to, what,. 
1377. 

Officers, commissioned by the gover- 
nor, 1383. 

Officers, discharge of, 1393. 

Officers, election of, 1386. 

Officers, eligibility of, 1384. 

Officers, equipment, allowance for,. 
1423. 

Officers, examination of, 1388. 

Officers, may administer oaths, 1454. 

Officers, non-commissioned staff, 1394. 

Officers, oath of, 1^90. 

Officers, organized into departments,. 
1364. 

Officers, rank of, 1385. 

Officers, retired, 1391. 

Officers, term of service, 1383. 

Officers, uniform of, 1422. 

Order of civil officer, 1458. 

Order to disperse before using force,. 
1436. 

Order to disperse, failure to obey,. 
1437. 

Orders, how given, 1404. 

Organization of reserve militia, 1380.. 



398 



INDEX. 



Organization of staff departments and 
the National Guard, 1367. 

Organized militia not to leave the 
State without Governor's consent, 
1417. 

Other military organizations, 1447. 

Parades, preservation of order at, 

351-353. 
Pay for active service, 1419. 
Prisoner, protecting, 1455. 
Property, how accounted for, 1430. 
Property, inspection of, 1382. 
Property, seizure of State's, 1431. 
Purchases for officers and men, 1429. 
Quartermaster-general, assistants as 

may be required, 1363. 
Quartermaster-general has care of 

military property, 1363. 
Quartermaster-general, his duties 

1363. 
Rank of officers, 1385. 
Re-enlistments, 1396. 
Regulations, publication of, 1462. 
Rent, allowance for, 1420. 
Reports of civil officers to Governor, 

1456. 
Reserve militia, calls for, 1378. 
Reserve militia, organization of, 1380. 
Reserve militia, who compose, 1375. 
Resisting attack, 1439. 
Retired enlisted roll, 1399. 
Retired officers, 1391. 
Retiring board, 1392. 
Returns of fines and penalties, 1453. 
Right of way for troops, 1427. 
Riots, mobs, etc., 1433-1441. 
Riots, mobs, etc., when Governor may 

declare state of insurrection, 1433. 
Riots, mobs, etc., when Governor may 

order out militia to suppress, 1434. 
Road duty, exemption from, 1413. 
Salary of adjutant-general, 1362. 
Selling arms, 200. 
Seizure of State's property, 1431. 
Sheriff, duties and powers of, 1435. 
"Soldier," what the word includes, 

1377. 
Solicitor-general to defend officer and 

soldier, 1438. 

Staff departments, organization of, 

1367. 
Staff, eligibility of, 1361. 

Staff, examination of, 1361. 



Staff, Governor's, what constitutes, 

1361. 
Staff officers appointed by Governor, 

1361. 
Staff, rank of, 1361. 
Staff, term of office,. 1361. 
State designations not given to new 

organizations, 1376. 
State, organized militia not to leave, 

1417. 
Streets, control of, 1441. 
Street tax, exemption from, 1413. 
Target practice, 1401. 
Transfers of officers and men, 1398. 
Trespass on camp-grounds and other 

places, 1446. 
Tumult. See Riots, Mobs, etc. 
"Unassigned battalion," applies to 

what, 1377. 
"Unassigned company," applies to 

what, 1377. 
Uniforms of enlisted men, 1421. 
Uniforms of officers, 1422. 
Uniforms of officers, when allowance 

for, 1433. 
Uniforms, wearing unlawfully, 1450. 
United States officers detailed for 

duty, 1366. 
Unlawful assemblies. See Riots, 

Mobs, etc. 

Venue, change of, 1457. 

i 
Public Documents. 

Stealing, altering, etc., 284. 

Public Indecency. 
Punishment, 381. 

Public Justice and Official Duty. 

Offenses against, 259-339. 
Offenses other than those enumerated, 
339. 

Public Officers. 

Acting before bond is approved and 
filed, 275. 

Acting without taking and filing oath, 
273. 

Advertising fee, retaining part of, 
308. 

Assaulting, 311. 

Assault under cover of office, 288. 

Attestation of, admits copy or tran- 
script, 1041. 



INDEX. 



399 



Ck)nspiring to cheat State or county, 
291-293. 

Members of General Assembly em- 
braced, 293. 
Offenses, when complete, 294. 

Contracts for public work, 283. 

Cost not collected until warrant re- 
turned, 924. 

County orders, speculating in, 281. 

County surveyor, making false sur- 
vey, 282. 

Cruelty in jailers, 286. 

Detaining books from successor, 287. 

Embezzlement by, 184. 

Excessive costs, taking, 305. 

Extortion, 302, 303, 304. 

Failing to take and file official oath, 
273. 

Farming out or selling office, 285. 

Fee bill to be posted in office, 306. 

Fees, attorney-general not to take, 
304. 

Illegal fees forbidden, 306, 1125. 

Joint authority executed by majority, 
1 (5). 

Justices and notaries witholding 
books, 298. 

Malpractice by justices and others, 
295. 

Mob violence, duty to suppress, 362- 
365. 

Non-residents not appointed to cer- 
tain offices, 337. 

Oath of office, failing to take, 273. 

Receiving interest on State's 

money, 199. 
Records, papers, etc., detaining from 

successors, 287. 
Refusing to produce papers, etc., of 

office, 843. 
Refusing to receive penitentiary 

prisoners, 290. 

Refusing to receive prisoners, 289. 
Selling office or dividing profits, 285. 
Speculating in county orders, jury 
scrip, etc., 280, 281. 

Stealing, altering, etc., public docu- 
ments, 284. 

Substantial compliance with law suffi- 
cient, 1 (6). 

Tax-collector acting before oath and 

bond, 276. 
Using State's money, 196. 



Weigher of produce, failing to take 
and file official oath, 274. 

Public Offices. 

Embezzlement in, 184. 
Examination of, 841-843. 

Public Peace and Tranquility. 
Crimes against, 340, 366. 
Offenses not enumerated, 366. 

Public Roads. See Highways and Roads. 

Public Safety. 

Laws relating to, 504-523. 
Regulations for the protection of surf- 
, bathers, 506-510. 

Public School Fund, 640. 

Public Seals. 

Forging or using, 246. 

Public Work. 

Competition in procuring, 741. 
Letting contract for, 283. 

Punishment. 

Abortion, 82. 

Accessories after the fact, 48. 

Accessories before the fact, 46. 

Adultery and fornication, 372. 

Affrays, 361. 

Assault, 96. 

Assault and battery, 102. 

Assault with intent to murder, 97. 

Assault with intent to rape, 98. 

Assault with intent to rob, 100. 

Attempts to commit crime, 1066. 

Benefit of clergy, 17. 

Bestiality, 376. 

Bigamy and polygamy, 367, 370. 

Bribery, 271. 

Conviction must precede, 20. 

Crime punished under coexisting 

laws, 18. 
Cruel and unusual, forbidden, 12. 
Death, 1069, 1070. 

Discretionary, when the term is, 1063. 
Dwelling, 354-358.' 
Extortion, 303. 
False imprisonment, 107. 
Felonies, 1062. 
Foeticide, 80. 

Forcible entry and detainer, 346. 
Form of sentence, 1064. 
Incest, 371. 



400 



INDEX. 



Insurrection, 57. 

Involuntary manslaughter, 68, 69. 

Justifiable homicide, none, 76. 

Kidnapping, 111. 

Libel, 340. 

Mayhem, 83-92. 

Misdemeanors, 1065. 
Attempts to commit misdemeanors, 
1066. 

Mob violence, 362-365. 

Murder, 63. 

Penitentiary at judge's discretion, 
1063. 

Person compelling, considered a prin- 
cipal, 41. 

Pregnant convict, suspension for, 
1071. 

Principles in second degree, 43. 

Rape, 94. 

Recommendation of jury, 1062. 

Rescue, civil process, 315. 

Rescue, criminal process, 316. 

Riots, 360. 

Second offense, 1068. 

Sentence, form of, 1064. 

Sodomy, 373. 

Successive imprisonments, 1067. 

Treason, 51. 

Under coexisting laws, 18. 

Unlawful assemblies, 359. 

Voluntary manslaughter, GQ. 

"Whipping forbidden, as punishment 

for crime, 10. 
Purchaser of Native Gold, Bullion, etc. 

Failing to comply with the laws, 699. 

Putative Father. See Bastardy. 

Putting Carcasses of Animals in 
Streams. See Carcasses of Ani- 
mals. 
Definition, 484. 

Putting Dirt or Rubbish into Cotton, 
ETC. See Dirt or Rubdish, etc. 

Definition, 709. 
Quail. See Game. 
Quarantine. 

As to cattle, 582. 

Bill of health, masters must deliver, 
479. 

Duty of pilots, before entering on ves- 
sels, 499. 



Inland travelers must perform, 498. 

Persons on board vessel must ob- 
serve, 500. 

Prescribed and regulated, 495. 

Vessels may be removed to quaran- 
tine grounds, 496. 

Violation of, 501. 

Questions. 

Jury in civil cause, 859. 
Jury in criminal cause, 1001. 

Racing. 

Entering animals under false names, 
etc., 724. 

Rules for determining class or divi- 
sion, 725. 

True name of animal, 726. 

Railroads and Railroad Companies. 

Assign passengers to cars, duty to, 
535. 

Remaining in cars other than as- 
signed, 536. 

Attempting to wreck a railroad com- 
pany, 735. 

Authority to eject passengers, 927. 

Bell tolled within corporate limits, 
520. 

Blow-posts to be erected, 518. 

Burning bridges, 142. 

Car, breaking and entering and steal- 
ing from, 181, 182. 

Check the speed, 519, 

Colored persons, separate cars for, 
534. 
Exceptions in cases of nurses, 540. 

Conductors as policemen, 925. 

May eject disorderly passenger, 927. 

Conspiring to wreck, 736. 

Conspiring to wreck but failing, 737. 

Counterfeiting of cards, etc., 234. 

Crossings, trains must stop at, 517. 

Employee guilty of criminal negli- 
gence, 117. 

Engineers, qualification of, 525. 

Equal accommodations to passengers, 
533. 

Evidence of intent to wreck, 739. 

Exceptions as to servants and nurses, 
540. 

Exemption from jury duty, 871. 

Explosive oils on cars, 516. 

Failing to blow whistle, 519. 



INDEX. 



401 



Failing to obey orders of commission, 

527. 
False bills, or classifications by, 731. 
Freight trains, running on Sunday, 

414, 415. 
Headlights, locomotives must have, 

526. 
Injuring or obstructing, 522. 
Injuring or obstructing, if death en- 
sues, 523. 
Intruding on tracks, •521. 
Judges to give in charge to grand 

jury, 531. 
Lights and water, duty to furnish, 
529-531. 

Conductors failing to furnish, 530. 
Lights, seats, and ventilation, on sep- 
arate or compartment cars, 539, 
540. 
Locomotives, must have electric head- 
lights, 526. 
Locomotives or trains, interfering 

with, 524. 
Obstructing, destroying, or injuring, 
522. 

When death ensues, murder, 523. 
Overcharges by, 730. 
Police of railroads, 925. 

Conductor's power, 926. 
Police powers of conductor, 338. 
Receipts to be given by, 633. 
Remaining in car after being assign- 
ed to another, 536. 
Rocking er shooting at cars, 512. 
Running freight trains on Sabbath, 
414. 

Exceptions, 420. 
Proof on the trial, 415. 
^ Seats, lights, and ventilation, 539. 
Separate cars or compartments for 
the races, 534„ 

Passengers assigned to car, 535. 
Separate cars, passengers assigned to 

car, 535. 
Separate cars, passenger refusing, 

536. 
Separate cars, passengers, white and 

colored not in same car, 537. 
Separate cars, passengers, white and 

colored, on sleeping-car, 538. 
Separate cars, passengers, white and 
colored, on sleeping-car, servants 
and nurses excepted, 540. 



Separate cars, seats, lights, etc., 539. 

Separate cars, seats, lights, etc., ex- 
ceptions, 540. 

Station accommodations for passen- 
gers, 532. 

Stealing from car, 182. 

Stealing rides on trains, 717. 

Unjust discrimination, 732. 

Water and lights to be furnished, 
529-531. 

Whistle, failing to blow, 519. 

Wrecking a railroad company, 734. 

Wrecking a railroad company, at- 
tempting to, 735. 

Wrecking a railroad company, con- 
spiring, 736. 

Wrecking a railroad company, con- 
spiring, but failing, 737. 

Wrecking a railroad company, de- 
fined, 738. 

Wrecking a railroad company, evi- 
dence of intent, 739. 

Railroad Commission. 

Disclosures by commissioner or em- 
ployee, 528. 
Orders of, 527. 

Railroad Crossings. 

Trains must stop at, 517. 

Rape. 

Assault with intent to, punishment, 

98. 
Definition, 93. 
Punishment, 94. 

Realty. , 

Fixtures, etc., subject of larceny, 166. 

Severing produce from, 768. 

Things detached become personalty, 

167. 
Things savoring of the realty, 166. 

Reasonable Doubt. 

Definition, 1013. 

True question in criminal cases is 
whether it exists, 1013. 

Receipts. 

Common carriers to give, 633. 
Innkeepers to give checks or receipts, 
634. 



402 



INDEX. 



Receiving, Harboring, or Concealing 
Guilty Persons, 

Convicts, harboring, etc., punish- 
ment, 327. 
Guilty persons, harboring, etc., 32G. 

Receiving Stolen Goods. 

Definition, 168. 

Is accessory after the fact, 168. 

When principal can not be taken, 169. 

Recognizances. See Bail. 

Call to be in its regular order, 961. 

Exception, when State announces 
ready for trial, 961. 

Forfeiture of, 961. 

Judgment, on motion, when ren- 
dered, 962. 

Personating in, 310. 

Service by publication, 962. 

Service by sheriff, 962. 

Shall be given when bill of excep- 
tions is filed, 1104. 

Recommendation by Jury, to Mercy. 

Capital cases other than those of 

homicide, 1060. 
Felonies, 1062. 
Jury may make recommendation, 

when, 63, 1060, 1062, 1063. 
Murder cases, 63. 
Rape cases, 94. 
Rocking or shooting at or in cars, 

512. 
Wrecking trains, 513. 

Reformatory. See Georgia State Reform- 
atory. 

Refreshments. 

For a jury, 884. 

Refusing to Receive Prisoners. 

Definition and punishment, 289. 
Refusing penitentiary prisoner, 290. 

Registration Laws. 
Violations of, 660. 

Registration of Business. 

Failure to register and pay tax, 469. 

Regeating, Forestalling, and Engross- 
ing.^ 

Punishment, 707. 



Religious Worship. 
Disturbing of, 412. 

Rent. 

Liens for, 721. 

Reporter. See Stenographic Reporter. 

Reprieves. See Board of Pardons. 

Power and duty of the Governor as 
to, 1078. 

Requests to Charge. 

How and when made, 1087. 

Requisition by the Governor. 

Affidavit when there is no indict- 
ment, 1357 (4). 

Two copies must accompany the pe- 
tition, 1357 (4). 

Application and contents, 1357. 

Duty of Governor, 1358. 

Fees of officers, 1359. 

Indictment, two certified copies, re- 
quired when, 1357 (3). 

Regulation for obtaining requisition, 
1357. 

Rescue. See Escapes, Escapes in Mis- 
demeanors, Escapes from Peniten- 
tiary, Escapes from Sanitariums. 

Attempt to rescue, 316. 
Civil process, 315. 
Criminal process, 314. 
Defined, 313. 
Punishment, 314. 

Res Gest^. 

Defined, 1024. 

Rewards. 

Governor may offer, 902. 

Rice. 

Failing to pay for, 551. 
Putting dirt or rubbish in, 709. 

Riots. See Public Defense. 

Circulating papers to incite, 58. 
Definition and punishment, 360. 

Roads and Bridges. 

Altering or obstructing, 543, 763. 
Bridges included ,in the term, 2. 
Commissioner failing to perform his 
duty, 542. 



INDEX. 



403 



Discharge of firearms, 504. 


Liens for rent and advances upon 


Encroaching on registered, 546. 


crops, 729. 


Excavation, injuring by, 545. 


Mortgages, 720. 


Injuring paved or macadamized 


Punishment, 720, 721, 722. 


roads, 544. 


Settlement of cases, 723. 


Injuring the public road, 545. 
Obstructing registered, 547. 


Sanitarium. See Georgia State Sanita- 


Opening and leaving open gates, 548. 


rium. 


Overseer failing in duty, 541, 542. 

/ 


Sanitation. 


Robbery. 


Drainage canals, interfering with. 


Assault with intent to rob, 99. 


490. 


By intimidation, punishment, 150. 


Drainage regulations, failure to com- 


By open force, punishment, 149. 


ply with, 489. 


Definition, 148. 


Putting carcasses in streams, etc.. 


Rocking or Shooting at Cars. 
Punishment, 512. 


484. 
Regulations as to burying, 484-486. 
Regulations by county authorities. 


Rogues and Vagabonds. 


502. 


Having possession of false keys, pick- 


Regulations in certain counties, 503. 


locks, etc., 680. 




Punishment, 680. 


Sanity. See Insanity. 


Rule Nisi. 


Scalesman. 


In motions for new trial, how served, 
1092. 


Failing to file and take oath, 273. 


Operates as a supersedeas, when, 


School Books. 


1093. 


Demanding more than contract 


Running Trains on the Sabbath. 


price, 698. 


Definition, 414. 


Illegal use of, in schools, 696. 


Excepted trains, 414. 


Use of other than adopted ones, 697. 


Proof on the trial, 415. 
Punishment, 414. 


Schools, Disturbing. 


Sabbath. 

Causing convict to work on the Sab- 
bath, 420. 
Discharging gun or pistol on, 418. 


Definition, 424. 
Punishment, 424. 

Taking liquor to school celebrations, 
436. 


Fishing on Sabbath, 419, 600. 
Hunting on Sabbath, 417. 
Indecent bathing, 421. 
Running trains on, 414. 


School Teachers. 

Counterfeiting license of, 233. 
Exempt from jury duty, 871. 


Tippling-houses, keeping open on, 381. 
Work of ordinary calling, 416. 


Scire Facias. See Recognizances and also 
Bail. 


Salesman. 


Forfeited recognizances, 962. 


Failing to take and file oath, 273. 


Judgment, 962. 


Sales of Goods in Bulk. 


Service, 962. 


Vendor failing to comply with law, 


Scrawl. 


718. 


When held as a seal, 2. 


Sales of Property. Under Lien, Mort-. 




gage, or Conditional Purchase. 


Seal. 


Conditional purchase and sale, 722. 


Forging or using forger' iDublic s^als, 


Settlement of cases, 723. 


246. 



404 



INDEX. 



Includes what, 2. '^ 

Unauthorized use of name or seal, 

257. 

Punishment, 257. 

Seaman. See Maritime Laws, Boats and 
Creivs. 

Search- Waeeants and Proceedings 
Thereon. 

Binding over offender, 1329. 
Execution of warrant, 1326. 
Forcible taking of goods when no 

probable cause for warrant, 1328. 
Goods seized restored to owner, 1327. 
Unreasonable searches and seizures 

not allowed, 1325. 
When warrant may issue, 1325. 

Seats for Females. 

Employers must provide, 130. 
Punishment, 130. 

Second-hand Clothing. 

Importation and purchase of, prohib- 
ited, 477. 
Exceptions, 478. 

Second Offense. 

Longest period of time imposed, 1068. 

Secrecy. 

Confession under promise of, 1033. 

Seduction. 

Bond, when to be given, 379. 
Definition, 378. 

Filing bond and suit on It, 380. 
Prosecution may be stopped by mar- 
riage, 379. 
Punishment, 378. 
Wife a competent witness, 379. 

Seizures. 

Fraudulent, 214. 

Self-defense. 

Danger must be urgent, 72. 
What must appear, 73. 

Self-incrimination. 

Not compelled, 9, 1037. 

Selling by False Weights and Measures. 
'Punishment, 706. 



Sentence. 

Attempts, how punished, 1066. 

Death by hanging, 1069. 
Place of execution, 1069. 
Sentence executed in private, 1069, 
1070. 

Time and place shall be specified in 
the sentence, 1070. 
Time, limitations as to, 1070. 

Discretions of the judge in felonies, 
1063. 

Disqualification that follows convic- 
tion, 1077. 

Execution not done, warrant to issue, 
1072. 

Felonies, punishment of, 1062. 

Felonies, reduced to misdemeanors, 
when, 1062. 

Form of sentence, 1064. 

Governor, may remit, povv^er and du- 
ties as to reprieves and pardons, 
1078. 

Insane after conviction, 1074. 

Insane, becoming, sent to sanitarium, 
1075. 

Misdemeanors, 1065. 

No inquisition after capital convic- 
tion, 1073. 

Recommendations to mercy, effect of, 
1062, 1063. 

Resentence and warrant on recovery, 
1076. 

Second offense, longest time given, 
1068. 

Several imprisonments to be succes- 
sive, 1067. 

Suspension, M'hen convict is preg- 
nant, 1071. 

Separation of Witnesses. 

When and how done, 1043. 

Servant of Another. 

Employing of another, 123. 
Enticing and attempting to entice 
away, 125. 

Service. 

Bill of exceptions, 1103. 
Habeas corpus cases, 1297. 
Rule nisi on motion for new trial, 
. 1092. 

8cire facias on forfeited recognizance, 
962. 



INDEX. 



405 



Setting Fire to Boats, etc. 
Punishment, 762. 

Setting Fire to Woods. 

Willfully, carelessly, or negligently, 
punishment, 748. 

Settlement of Cases. 

Only on approval of court, 981. 
Prior to conviction, when, 723. 

Severance. 

Joint offenders may sever, 995. 
State has the right, 995. 

Severing Produce from Realty. 
Punishment, 768. 

Sewing-Machines. 

Failure to register and pay tax, 468, 
469. 

Shad. See Fish and Fishing. 

Sheep. 

Skinning dead sheep of another, 223. 

Sheriff. 

Advertising, demanding more than le- 
gal rate for, 307. 

Costs not to be collected until after 
conviction, 1134. 

Custody of jail and prisoners, 1156. 

Defaulting, fined, 1157. 

Duties of, 1156. 

Fees, 1134. 
• Fees for executing criminals to be 
paid by county, 1134. 

Fees for summoning witnesses, 1107. 

Furnishing prisoners with medical 
aid, fire, etc., 1156. 

How reimbursed, 1156. 

Is jailer, and may appoint jailer, 1149. 

Record of prisoners, 1154. 

Refusing to receive prisoners, 289, 
290. 

Taking prisoner to jail in another 
county, 1156. 

Venue, when changed, prisoner trans- 
ferred, 1158. 

Shipment of Infested Plants. 
Punishment, 479-482. 

Shooting at Another. 

Definition and punishment, 115. v 



Shooting at, or in. Cars. 
Punishment, 512. 

Shooting on Excursion Trains or at 
Picnics. 
Punishment, 515. 

Shooting on Sunday. 
Punishment, 418. 

Signature, 

Includes mark, 2. • 

Silence. 

Admissions amount to, when, 1029. 

Simple Larceny. See Larceny. 

Singular Number. 

Includes plural, 1 (4). 

Skinning Dead Cattle of Another. 
Punishment, £23. 

Slavery. 

Prohibited, 15. 

Sleeping-Cars. 

"White and colored passengers on, 538. 

Smallpox. 

Concealing, 495. 

Spreading, 494. 

Vaccination, regulation of, 494, 

Snipe. See Game. 

Societies, Social, Charitable, Secret, 

ETC, 

Not to be disturbed, 412, 413. 

Sodomy. 

Attempt, 377. 
Definition, 373, 
Punishment, 374. 

Soft Drinks. 

Carrying on business after failure to 

pay tax, 466. 
Failing to make returns of receipts, 

465. 

Solicitors-General. 

Administer oaths, 798 (3). 

Aid presiding judge, 798, 

Attend on grand juries, etc., 798 (2), 

Attend sessions of the court, 798 (1). 



406 



INDEX. 



Attorney acting as, entitled to the 
same fees, 806. 

Clerk to notify Governor of proceed- 
ings against, 803. 

Collect moneys and settle therefor, 
798 (7). 

Drawing indictments or present- 
ments, 798 (4). 

Duties of, enumerated, 798. 

Duties, such others as required by 
law, 798 (11). 

Failure to attend on court, 800. 

Fees in city court cases, 1129. 

Fees in reduced felonies, 1126. 

Fees in Supreme Court cases, 1128, 
1130. 

Fees, litigation, paid on judge's cer- 
tificate, 1127. 

Fees not paid without certificate of 
service, 1127. 

Fees, schedule of, 1126. 

Fees, superior court, 1126, 1127. 

Gaming, bill nol pros'd, no fees al- 
lowed, 1127. 

Grand jury may demand exhibit 
from, 846. 

Illegal cost, proceeding for exacting, 
802. 

Clerk to notify Governor, 803. 
Taking cost before case is ended, 
305. 

May be ruled as attorneys at law, 
799. 

Nolle prosequi, he may enter, 801. 

Place of, when court may supply, 805. 

Proceeding when he is prosecuted, 
807. 

Prosecute and defend cases in which 
State is interested, 798 (5). 

Prosecuted, when he is, 807. 

Represent the State in all cases, 798 
(6). 

Salaries and fees of, 1126. 

Settle with preceding solicitor, 798 
(8). 

Taking money to influence the grand 
jury, 804. 

SOUND Mind. 

As it manifests crime, 32. 
Who are of, 33. 

Sovereignty and Jurisdiction. See Juris- 
diction, also State of Georgia. 
Of the State, 21, 22. 



Special Criminal Bailiffs. 

Appointment and removal, 808. 
Duties, 809. 
Fees, 1132. 

Special Juries. 

Oath of, 853. 

Selected, in what manner, 852. 

Special Pleadings. 

Insanity, plea of, how tried, 976. 
Misnomer, 979. 
• "Not guilty" after special plea over- 
ruled, 975. 
To be in writing, 975. 

Special Presentments. 

Treated as indictments, 956. 

Special Warrant. 

Who may issue, 907. 

Speculation in County Orders. 
Punishment, 281. 

Speed Contests. See Racing. 

Fraudulent practices, 724. 

IsTame of animal, 726. 

Rules for determining class, 725. 

Stabbing. 

Definition and punishment, 114. 

Stamps. See Trading-Stamps. 

State Bank Examiner or Assistant. 

Misconduct or corruption in office 

622. 
See Bank and Bank Officers. 

State Depository. 

Officer receiving interest on, 199. 

State of Georgia. 

Announcement of ready for trial, 984. 

Arms of, selling, 200. 

Conspiracy to cheat or defraud, 291, 

294. 
Continuance by, 985. 
Crimes against, 50-58. 
Deposits of, receiving reward on, 199. 
Digging phosphate on land of, 201. 
Insurrection, see that title. 
Interest on public funds, 198. 
Interest on public money, 197. 
Jurisdiction and sovereignty, 21. 



INDEX. 



407 



Jurisdiction as to persons, 22. 


Notes taken by, 1007, 810. 


Jurisdiction, boundary line of two 


Notes taken by, when recorded, 1007. 


counties, 26. 
Jurisdiction, counties divided by 


Stenographic Reports. 


water, 23. 


Reduced to narrative form in brief 


Jurisdiction, death from act done in 


of evidence, 1094. 


another county, 27. 
Jurisdiction in county where crime 


Stolen Goods. See Receiving Stolen 
Goods. 


was committed, 29. 




Jurisdiction, offenses committed on 


Straw. 


watercourses, 24. 


Burning of, 745, 746. 


Jurisdiction, on boundary lines of 


When fire communicated to house. 


State, 25. 


747. 


Jurisdiction, on soil ceded to United 




States, 28. 


Streets. 


Selling arms belonging to, 200, 1430. 


Control of, in case of riot, 1441. 


Severance, right of, 995. 
Treason, see that title. 


Subornation of Perjury and False 


Using its money, 196. 
Withholding its property or money, 
195. 


- Swearing. 
Definition, 263. 
Punishment, 264. 


Statement of Defendant. See Prisoner's 


Subpgena for Non-Resident State's Wit- 


Statement. 


ness. 


All trials, 1036. 


How signed, 1143. 


Court of inquiry, 935. 

No cross-examination, 1036. 

Not under oath, 1036. 


Subscription. 

Includes mark, 2. 


Weight of, 1036. 


Substitutes for Intoxicants. 


State Sanitarium, See Georgia State 


Illegally carrying on the business. 


Sanitarium. 


448. 




Punishment, 448. 


Stationary Engineers. 




Exempt from jury duty, 871. 


Sufficient Evidence. See Evidence. 
Defined, 1009. 


Statute of Limitations. See Limitations 




of Prosecutions. 


Suffrage. See Elections. 


Statutes. 


Sugar. 


Construction, rules governing, 1. 


Putting dirt or rubbish in, 769. 


Stealing from Hut, Car, etc. 


Sunday. See Sabbath. 


Punishment, 182. 


Sunday-Schools. 


Stealing Rides on Trains. 


Carrying liquor to, 436. 


Punishment, 717. 


Superior Court. 


Steamboats. 


Adjournment by clerk from day to 


Receipts to be given by, 683. 


day, 794. 




Adjournment by clerk on judge's or- 


Stenographic Reporters. 


der in vacation, 795. 


Appointment and removal in superior 


Adjoui'nment by judge in term time. 


court, 810. 


793. 


Duties of, 810. 


Adjournment by order at chambers 


Fees, 1131. 


to have jury drawn, 874. 



408 



INDEX. 



Adjournment five days before next 

regular term, 793. 
Adjournment in vacation only for 

statutory causes, 795. 
Bailiff, special criminal, 808. 
Court bailiffs, compensation of, 876. 

Where no grand jury is impanelled, 

877. 
Dockets, clerk to keep, 797. 
Jurisdiction of, 791, 792. 
Sessions, 793. 
Special charges to the grand jury, 

850. 
Special juries, selection and oath, 852, 

853. 
Special terms, 796. 
Stenographic reporters, 810, 1007, 

1131. 

Supersedeas. 

Affidavit in forma pauperis, 1104. 
Bill of exceptions, operates as, when, 

1104. 
Order granted, when, 1093. 
Rule nisi for new trial, operates as, 

when, 1093. 
Superior court judge may grant, 792. 
Waiver of trial operates as, in court 

of inquiry, 948. 

Supreme Court. See Bill of Exceptions. 

Additional record ordered up, 1100. 

Appellate jurisdiction only, 1095. 

Assignment of errors, 1096. 

Assignment of errors, decision limited 
to, 1101. 

Bill of exceptions, operates as super- 
sedeas when, 1104. 

Bill of exceptions, rule governing, 
1102. 

Bill of exceptions, see that title. 

Bill of exceptions, service of, 1103. 

Case pending in court below, 1096. 

Certificate of judge, 1099. 

Judgment, power to mould, 1095. 

Mode of taking cases to, 1098. 

Powers enumerated, 1095. 

Remittitur on affirmance to be 
promptly transmitted, 1102. 

Speedy hearing and determination, 
1102. 

What shall be decided, 1101. 

When writ of error lies, 1096. 



Surf-Bathers. See Hotel Keepers on 
Beaches. 

Regulations for protection of, 506- 
510. 

Surgery. 

Diplomas by medical colleges, 463. 
Judges shall give section 463 in 

charge, 464. 
Practicing illegally, 476, 462. 

Survey. 

Punishment for false, 282. 

Suspected Rooms or Houses. 
May be broken open, 396. 

Tan-Bark. 

Removing from uninclosed lands, 226. 

Tax. 

False oath by taxpayer, 267, 278. 
Grand jury may recommend extra, 

836. 
Practicing profession without paying 

special, 476. 
Unlawful to exempt certain property, 

279. 

Tax-Collector. 

Altering digest, 253. 

Bond and oath before collecting, 276, 

273. 
Exemptions of property from taxa- 

, tion, 279. 
Failure to actually administer voters' 

oath, 661. 
Failure to render account, 301. 
False returns, 268. 
Weekly report by, 268. 

Tax-Receiver. 

Duty as to unlawfully exempted prop- 
erty, 279. 

Grand jury to inspect his books, 837. 

Mistakes of, 839. 

Oath of taxpayer to be actually ad- 
ministered, 278. 

Refusal to receive returns, 277. 

Telegraph Operators. 

Exempt from jury duty, 871. 

Telegraph Wires or Fixtures. 
Injuring, 779. « 



INDEX. 



409 



Tenants. 

Illegal employment of, 124. 

Ten-Pins, Pool, or Billiards. 

When minors allowed to play, 40G. 

Tense. 

Present or past include the future, 
1 (2). 

Tent. 

Entering and stealing from, 182. 

Terrapins. 

Closed season for, 595. 

Females not to be taken, of certain 

size, 596. 
Meshes of nets, etc., 598. 
Prima facie evidence, 597. 

Exception, 597. 
When to be taken, 595. 

Testimony. 

Burden of proof, 1020. 

Changing onus, 1021. 

Character and conduct of parties, 

1019. 
Copy, when admissible, 1022. 

Testimony to be Reported. 
In felonies, 1007. 
Recorded in cases of conviction, 1007. 

Text-Books in Schools. See School Books. 

Threatening Letters. 

Sending or delivering, 119. 

Threatening to Burn Property of An- 
other. 
. Punishment, 782. 

Threats. 

Married women, acting under, 38. 

Not sufficient to free the person kill- 
ing, 65. 

Person acting under, not punishable, 
41. 

Person compelling, liable as a princi- 
pal, 41. 

Tickets. 

Illegal traffic in, 636. 

Timber and Tan-Bark. See Lumber and 
Timber. 
Cutting or removing from uninclosed 
land, 226. 



Drifted, disposing of, 224. 
Drifted, purchasing, 225. 
Illegally measuring, 728. 
Obstructing passage of, 776. 

Time. 

Method of computing, 1 (8). 
Present or past tense includes the fu- 
ture, 1 (2). 

TiPPLING-HOUSES. 

Keeping open on the Sabbath, 381. 

Title to Land. 

Conveying by forged deed, 252. 
Holding under forged deed, 252. 

Toll. See Turnpikes, Bridges and Fer- 
ries. 

Charging after charter expires, 572. 

Trade, Craft, Vocation, or Calling. 

Association to prevent person from 
learning, 121. 

Trade-Marks, etc. See Forgery and Coun- 
terfeiting. 

Trading-Stamps. 

Dealing in, and punishment, 404. 

Traffic in Human Bodies. See Human 
Bodies. 

Traffic in Tickets. 
Punishment, 636. 

Tkains. See Railroads. 

Check the speed, when engineers 
must, 519. 

Excursion, shooting on, 515. 

Flagging, when it may be done, 524. 

Interfering with locomotive, 524. 

Interfering with movements of, 524. 

Must stop within fifty feet of cross- 
ing, 517. 

Punishment, 514. 

Running on Sabbath, 414. 

Wrecking, or attempting to wreck, 
513. 

Tramps Stealing Rides on Trains. 
Punishment, 717. 

Transposition. 

Of words and clauses, 1 (9). 



410 



INDEX. 



Treason. 

Conviction, disqualifies to vote or hold 
office, 1077. 

Definition, 50, 51. 

Jurisdiction as to acts done without 
the State, 53. 

Number of witnesses, 52, 1017. 

Proved in what way, 52, 1017. 

Punishment, 51. 

Second degree, 54. 

Suspension of sentence by the Gover- 
nor, 1078. 

Treasurer. See County Treasurer. 

Trees, Plants, etc. See Infested Trees. 
Plants, etc. 

Cutting down shade and other trees, 

216, 764. 
Infested, not to sell, give away, or 

transport, 481. 
Inspection of, required, 479. 
Obstructing board of control, 482. 
Shipment of, without inspection, 480 

Trespass. 

Acts deemed trespass, 216. 

Burden of proof as to chestnut trees, 
216. 

Capitol building, grounds, etc., 219. 

Capitol, janitor and watchman may 
arrest, 221. 

Courts, jurisdiction of, 220. 

Cutting or removing timber or tan- 
bark, 226. 

Cutting timber, etc., without consent, 
216. 

Definition, 216. 

Tence, pulling down or removing, 219 
(3). 

Fishing illegally, 218. 

Grand jury to make presentments, 
216. 

Hunting or fishing illegally, 218. 

Severing produce from realty, 768. 

Squatting or settling upon land, 219 
(4). 

Taking and carrying away property, 
219 (2). 

Wayfarers and intruders, when not 
included, 216 (4). 

Willful, on lands of another after be- 
ing forbidden, 217. 



Trial. See Jury and Jurors, Impaneling 
Juries, and also Petit Jurors. 

Announcement of ready or not ready, 

984. 

State announces ready first, 984. 

Exception, 984. 
At first term if not continued, 986. 
Demand for, 983. 

Entry of arraignment and plea on in- 
dictment, 974. 
Form of arraignment and plea of 

guilty, 971. 
Issue may be recorded afterward, 973. 
Joint offenders, 995. 
Pleading to the indictment, 971, 972. 
Public and speedy, accused person 

shall have, 8 (5). 
Standing mute or pleading not guilty, 

972. 

Trial by Jury. See Trial, Jury and Ju- 
rors, Impaneling Juries, and also 
Petit Jurors. 

Shall remain inviolate, 854. 

Trustees. 

Fraudulent conversion by, 188. 

Turkeys. See Game. 

Turnpikes, Bridges, and Ferries. 

Collecting toll when out of repair, 567, 
572. 

Excessive toll, 570. 

Injuring fixtures, 760. 

Liability of owner of private turn- 
pike, bridge, etc., 573. 

Maximum grade, 568. 

Obstructing ford, bridge, or ferry, 571. 

Rates of toll to be posted, 569. 

Toll, after license revoked, 572. 

Turpentine. See Naval Stores. 

Adulterations, selling illegally, 655. 
Boxes, time for cutting, 488. 
Dealing in unmarked, 656. 
Failure to mark barrels, 654. 
Fine to be paid to county treasurer, 

488. 
Fraudulent brands, 653. 
Interfering with inspector's brand, 

652. 
Pay for, failing to, 551. 
Time for cutting boxes, 488. 



INDEX. 



411 



Turtles. 

When to be taken, 599. 

United States. 

Fraudulent seizure by pretended offi- 
cers, 214. 

Offenses committed on soil ceded to, 
28. 

Prisoners of, in State jails, 1152, 1153. 

Unlawful Assemblies. See Public De- 
fense. 

Definition and punishment, 359. 

Unlawful Currency. 

Each bill a new offense, 251. 
Unauthorized issue of currency, 250. 

Unlawful Mining. See Mining. 

Using Abusive or Obscene Language. 
Definition, 387. 
Jurisdiction of offense, 388. 

Using Horse or Mule. Without Owner's 
Consent. 

Punishment, 222. 

Vacation. 

Jury drawn in, 826.; 

Vaccination. 

To be used for inoculation, 494. 

Vagabonds. See Rogues and Vagabonds. 

Vagrants and Vagrancy. 

Bound over to court, 449. 

Costs, how paid, 450. 

Defined, 449. 

Duty of officers as to arrests, 449. 

Hired out, when vagrant shall be, 

450. 
Municipal farms, admitted to, 1289. 

Varioloid. 

Concealing, 499, 

Venue. See Change of Venue. 

Boundary line of two counties, 26. 

Changed, clerks to transmit papers, 
etc., 965, 1158. 

Changed, costs how paid when chang- 
ed, 1110. 

Changed, it may be, 29. 

Changed, sheriff to transfer prisoner, 
1158. 



Changed, subsequently, 966. 

Changed, when and how done, 964. 

Counties divided by water, 23. 

County where crime was committed, 
29. 

Defendant may move for, 964. 

Escapes from penitentiary, 323. 

Fees of witnesses, 1148. 

On State line, 25. 

River is State boundary, 24. 

Simple larceny cases, 152. 

Witnesses, subpoenas for, when 
changed, 965. 

Wound and death in different coun- 
ties, 27. 

Wound on soil ceded to United States, 
28. 

Verdict. 

Attempt, jury may find without a 

special count, 1061. 
Construction of, 63, 1059, 1060. 
General, must be, 1059. 
Jury, judges of law and fact, 1059. 
Recommendation to mercy in capital 

cases except homicide, 1060. 

Vessels. See Maritime Laws, Quarantine. 
Firing or sinking, 761. 
Officer's authority to visit and search, 

953. 
Plundering or stealing from, 170. 
Quarantine grounds, removal to, 496. 

Master must deliver bill of health, 

497. 
Setting fire to, defined, 763. 
Setting fire to, when near wharf, 762. 

Veterinarian, State. 

Interfering with, 583. 
Practicing illegally, 475. 

Virtuous Female. See Defamation of a 
Virtuous Female. 

Defamation of, 343. 

Priviledged communication not em- 
braced, 343. 

Prosecution by indictment, 343. 

Punishment, 343. 

Unmarried, seduction of, 378. 

Voir Dire. See Impaneling the Jury. 
Questions on, 1001. 

Voluntary Drunkenness. 

No excuse for crime, when, 39. 



412 



INDEX. 



Voluntary Escapes. See Escapes in Mis- 
demeanors, Escapes from Peniten- 
tiary, Escapes from State Sanita- 
rium. 

Voluntary Manslaughter. 

Actual assault, etc., must be shown, 

65. 
Attempt to commit serious personal 

injury, 65. 
Cooling time, 65. 
Equivalent circumstances, 65. 
Irresistible passion, 65. 
Provocation by words, etc., 65. 
Punishment, 66. 

Volunteer Forces. See Public Defense. 

Voting Illegally. See Elections. 

Minors, 664. 

More than once, 663. 

Municipal elections, 666. 

Personating another at primary, 670. 

Persons not qualified, 665, 1077. 

Primary elections, 673. 

Vulgar Language. See Obscene and Vul- 
gar or Profane Language. 

Wages. 

Creditor shall not transfer claim to 

defeat exemption, 131. 
Punishment, 131. 

Waiver. 

Laws that may be waived, 5. 
Trial in court of inquiry, 948. 
What may be waived, 5. 
■ d 
Warehouse Keeper.^ » 

Fraudulent conversion by, 189. 

Warehouses, Bonded Public. 

Unlawful disposition of deposited 
goods, 701. 

Warrants. See Arrest. 

Affidavit and warrant, contents of, 
904. 

Affidavit, form of, 905. 

Arresting officer not to procure dis- 
missal, 923. 

Arresting officer not to receive costs 
until return of warrant, 924. 

Arrests for cruelty to animals, 910. 



Arrest without warrant, whc it may 
be made, 917. ^■ 

Backing not required, 909.^ '^i' 

Bench-warrant, 957. 

Bond may be required to prosecute, 
908. 

Form of warrant, 906.^ 

Issued in any county and executed 
without backing, 909. 

Officer must execute and may sum- 
mon posse, 916. 

Special, by whom and where issued, 
907. 

When treated as general, 907. 

Who may issue, 903. 

Warrants for Good Behavior, and to 
Keep the Peace. See Peace War- 
rants. 

Good behavior, bond may be required, 

1317. 
Good behavior, may be extended, 1319. 
Good behavior, suit for violation of 

bond, 1318. 
Good behavior, when it may issue, 

1317. 
Good behavior, who may issue, 1317. 
Good behavior, wife may require, 1324. 
Keep the peace, bond may be required, 

1320. 
Keep the peace, extended or discharg- 
ed, 1323. 
Keep the peace, violation, 1321. 
Keep the peace, violation provoked by 

the other party, 1322. 
Keep the peace, when it may issue, 

1320. 
Keep the peace, wife may require, 

1324. 

Water. 

And .lights on railroads, 529, 530. 
Poisoning of, 775. 

Watercourses. 

Offenses committed on, 24. 
Putting carcasses of animals in 
streams, 484. 

Weapons. 

Carrying concealed, 347. 
Carrying deadly at courts, 348. 

Does not apply to officers, 348. 
Furnishing to minors, 350. 
Pointing at another, 349. 



INDEX. 



413 



Weevil. See Mexican Boll-Weevil. 

Weighing Agbicultueal Products With- 
out Oath. 

Failing to take and file oath, 273. 

Weights and Measures. See False 

Weights and Measures. 
Corn-meal, 564, 565. 
Cottonseed hulls, 566. 
Sacks of flour and meal, weights to 

he stamped on, 562. 

Exceptions, 563. 
Salesman failing to take and file 

oath, 274. 
Selling by false weights, 706. 

Wharfinger. 

Fraudulent conversion by, 189. 

Wheat. 

Neglect of inspector, 644. 

Whipp